We’re excited to bring you U.S. Repro Watch, your go-to source for the latest updates on reproductive health and rights in the U.S. This week we are reading about two hospitals that violated federal law by refusing to provide emergency abortion care, watching Utah where a law that bans the operation of abortion clinics was blocked, and monitoring states that are passing proactive and restrictive abortion-related measures.Â
The Centers for Medicare and Medicaid Services (CMS) investigated hospitals in Missouri and Kansas after a complaint was filed on behalf of Mylissa Farmer, who was denied abortion care despite facing dangerous pregnancy complications.Â
The federal agency found that the two hospitals violated the Emergency Medical Treatment and Labor Act (EMTALA), a federal law which requires hospitals to provide emergency medical care.Â
The enforcement action is the first of its kind since Roe v. Wade was overturned. CMS has not announced any fines or other penalties against the two hospitals in its investigation, but it sent them notices warning that they were in violation of the law and asking them to correct the problems that led to Farmer being turned away. Â
The law was blocked May 2, just a day before it was set to take effect. It would have restricted the provision of abortion care to hospitals starting May 3 and banned the operation of abortion clinics entirely starting January 2024.Â
In his order, state court judge Andrew Stone wrote that the Legislature’s objective in enacting the ban was “nebulous” and that the law “appears to single out abortion clinics without any justification.”Â
The court’s decision means that Utah’s abortion clinics can continue to provide abortions for now while the case proceeds.
Abortion-related measures were signed into law this week in various states. Â
In Montana, Gov. Greg Gianforte signed five anti-abortion bills into law with one attempting to redefine the right to privacy in order to take away state constitutional protections for abortion.Â
“While many state laws have recently changed, it’s important to know that the federal EMTALA requirements have not changed, and continue to require that health care professionals offer treatment, including abortion care, that the provider reasonably determines is necessary to stabilize the patient’s emergency medical condition.” - Xavier Becerra, Secretary of Health and Human Services