SPOTLIGHT ON ABORTION CARE & REPRODUCTIVE JUSTICE
What Future Physicians Need to Know about Threats to EMTALA
Written by Anna Hindman, AMSA Reproductive Health Project Fellow
and 4th year medical student at Touro University California College of Osteopathic Medicine
Since the overturning of Roe v. Wade in June 2022, a barrage of new state laws strictly limiting abortion, such as Arizona’s Civil War-era ban upheld last week, have flooded in, with some, like the recent hearing on Mifepristone, having been challenged at the federal level.
Next week, on April 24th, another state law will be challenged at the federal level in a case called Mike Moyle, Speaker of the Idaho House of Representatives, et al. v. United States. This Idaho Statue, is aiming to prohibit emergency abortion care, raising concerns about potential violations of the federal Emergency Medical Treatment and Labor Act (EMTALA). This pivotal case underscores the importance of protecting patient access to stabilizing emergency care, mandated by EMTALA, especially in cases where termination is crucial for saving lives or ensuring wellbeing. While this case should be straightforward, since Federal law trumps state law in most cases, as outlined in the constitution, on top of the clear Human Right to emergency services; the looming Supreme Court’s stance remains uncertain, highlighting the need for future physicians to grasp the gravity of this violation of human rights and voice their concerns.
“A patient’s health should always come first, and for nearly 40 years,
the federal Emergency Medical Treatment and Labor Act (EMTALA) has mandated that protection.”
This is now in question in The Court.
Molly Duane, Center for Reproductive Rights
EMTALA was enacted by the U.S. Congress in 1986 and requires hospitals that participate in Medicare, which is most of them, to provide emergency medical treatment to anyone who needs it, regardless of their ability to pay, immigration status, or any other factor. In terms of abortion care, this means that if a pregnant individual is in serious risk of death or injury and it is determined termination will save their life and/or wellbeing, it should be provided. This is very important to the humanity of our healthcare system!
The Idaho Law at the center of the case before The Court calls for a near-complete ban on abortion and prohibits anyone from performing or assisting one except when the pregnancy is ectopic or molar; a result of rape or incest; or a risk to the life of the mother. The risk to life of the mother is a confusing line for many providers and has forced physicians to make impossible decisions as to how long you wait to intervene when loss of life is “possible” but not currently imminent. Some real life examples from OBGYNs around the nation have been outlined in an amicus brief (a document submitted to a court by someone not directly involved in a case but with an interest in its outcome, providing additional information or arguments to assist the court in making a more informed decision) to the Court filed by Dr. Caitlin Bernard, Dr. Lauren Miller, Dr. Leilah Zahedi-Spung, and Dr. Nikki Zite.
This Idaho law further limits a physician’s ability to provide evidence-based medicine and puts pregnant patients in serious risk of harm including death, organ damage, loss of reproductive ability, or other threats to their health and wellbeing. In addition, physicians are further legally at risk if they were to terminate a pregnancy in an emergency situation. This is clearly a dangerous precedent for pregnant individuals in our healthcare system, especially when our country’s Maternal Mortality Rate is already devastatingly high.
It is crucial that future physicians understand what is happening and voice their concerns for this clear violation of Human Rights. Below are further articles and research from our latest e-news. If any questions arise or you just want to talk about everything that is going on, do not hesitate to reach out to us at the Repro Health Project at rhp@amsa.org.
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*Note: an excerpt of this Spotlight is included in AMSA Reproductive Health Project eNews #12:
Doctors Doing Cesareans & Hysterectomies Instead of Abortions, April 20, 2024.
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