Despite Legal Protections, Pregnant Women Facing Barriers to Healthcare

At a glance:

– Pregnant women being denied care has increased since Roe v. Wade was overturned.

– EMTALA mandates hospitals treat or stabilize patients in active labor.

– The Supreme Court will soon hear a case that may weaken these protections.

– The Biden administration sued Idaho over conflicts with federal law.

– Federal investigations confirm multiple EMTALA violations.

Spike in Denials After Roe v. Wade Overturned

In 2022, instances of pregnant women being turned away from emergency rooms spiked following the Supreme Court’s decision to overturn Roe v. Wade. This landmark ruling allowed states to individually restrict abortion, complicating care for pregnant women needing emergency treatment.

EMTALA’s Legal Mandates

Under EMTALA, emergency rooms are legally required to treat or stabilize patients in active labor and provide medical transfers if necessary. Yet reports have surfaced of hospitals violating these federal requirements, placing pregnant women at risk.

Weakening Protections?

The Supreme Court will soon hear arguments that could potentially weaken the protections provided under EMTALA. This upcoming decision adds further uncertainty to the provision of maternal healthcare across states.

Biden Administration Intervenes

In a critical escalation, the Biden administration has sued Idaho over its strict abortion ban, arguing it conflicts with federal law. This legal battle underscores the delicate balance between state restrictions and federal mandates designed to protect women’s emergency medical rights.

Pregnant Patients as Legal Liabilities

Pregnant women are increasingly seen as legal liabilities in states with stringent abortion restrictions, leading to hospitals evading their EMTALA obligations out of fear of litigation.

“Pregnant patients have ‘become ‘radioactive’ to emergency departments’ in states with extreme abortion restrictions,” said Sara Rosenbaum, a George Washington University health law and policy professor. “They are so scared of a pregnant patient that the emergency medicine staff won’t even look. They just want these people gone.”

The Emergency Medical Treatment and Active Labor Act (EMTALA) was passed in the 1980's, to mandate that hospitals provide stabilizing care to any patient in an emergency. EMTALA forbids hospitals from rejecting patients because of their income level or race, for example.

— Center for Reproductive Rights (@ReproRights) April 25, 2024

Federal Investigations and Enforcement

Federal investigations revealed multiple violations of EMTALA, with hospitals facing significant penalties and the risk of losing Medicare funding. However, the enforcement of these penalties can take years, often allowing non-compliant hospitals to escape immediate consequences.

Significance of EMTALA

EMTALA is crucial for safeguarding emergency medical care rights. Weakening this act could result in more hospitals turning away patients in need. The Biden administration emphasizes that doctors, not politicians, should be determining emergency care requirements.

“No woman should be denied the care she needs,” stated Jennifer Klein, director of the White House Gender Policy Council. “All patients, including women who are experiencing pregnancy-related emergencies, should have access to emergency medical care required under the Emergency Medical Treatment and Labor Act (EMTALA).”

Implications for Other States

The Supreme Court’s decision could have widespread implications for other states with restrictive abortion laws, such as Arizona. As EMTALA was enacted to prevent hospitals from refusing care to uninsured or non-established patients, this fundamental protection is now at risk.

The Legal and Medical Environment Post-Roe

The June 2023 decision that ended federal constitutional protection for abortion has exposed pregnant women to a patchwork of state laws. While some states include exceptions for the health or life of the mother, others do not, leading to confusion and fear among healthcare providers.

Respecting our readers’ time, this article highlights the critical issues surrounding maternal healthcare and the urgent need for adherence to EMTALA. We will continue to monitor and report on this significant health and legal concern.