The federal Emergency Medical Treatment and Labor Act requires hospitals to stabilize any patient in the emergency room, even, the Biden administration noted in recent guidance, if that requires performing an abortion. Texas sued over the guida...
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The Biden administration said this was not a new policy, but merely reiterating existing regulations under the federal Emergency Medical Treatment and Labor Act . Hendrix sided with the state on this issue, saying the Biden administration had exceeded its authority and not followed proper procedure in issuing this guidance. He enjoined the guidance within Texas and ruled that Texas’ abortion laws are not preempted by EMTALA.
The EMTALA statute specifies that it preempts state laws that contradict this obligation. Texas’ abortion laws allow doctors to perform abortions to save the life of the pregnant patient, but do not require it. Assistant Texas Solicitor General Natalie Thompson argued that Texas’ law is “perfectly consistent” with EMTALA because it allows for abortions to save the life of the mother. It is the guidance from the Biden administration, she argued, that went further than the statute requires.
“This statute really has to do with the ugly concept of patient dumping and it’s been converted by HHS through this guidance into an abortion statute,” he said.
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