Biden admin: Docs must offer abortion if mom’s life at risk

Advertisement

Advertise with us

WASHINGTON (AP) — The Biden administration on Monday told hospitals that they “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the Supreme Court's decision to end a constitutional right to abortion.

Read this article for free:


or

Already have an account? Log in here »

To continue reading, please subscribe:

Subscribe and receive a limited-edition Free Press branded hat or tote.

Digital Subscription

One year of digital access for only $205*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles

*First annual payment billed as $205.00 + GST for one year. This annual subscription will automatically renew at $233.00 + GST every 52 weeks (10% off the regular annual price of $259.35). Offer available to new and qualified returning subscribers only. Cancel any time.

To continue reading, please subscribe:

Add Free Press access to your Brandon Sun subscription for only an additional

$1 for the first 4 weeks*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles
Start now

*Your next Brandon Sun subscription payment will increase by $1.00 and you will be charged $17.95 plus GST for four weeks. After four weeks, your payment will increase to $24.95 plus GST every four weeks.

Hey there, time traveller!
This article was published 11/07/2022 (1504 days ago), so information in it may no longer be current.

WASHINGTON (AP) — The Biden administration on Monday told hospitals that they “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the Supreme Court’s decision to end a constitutional right to abortion.

The Department of Health and Human Services cited requirements on medical facilities in the Emergency Medical Treatment and Labor Act, or EMTALA. The law requires medical facilities to determine whether a person seeking treatment may be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide treatment.

“If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” the agency’s guidance states. “When a state law prohibits abortion and does not include an exception for the life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.”

Abortion-rights demonstrators shout slogans after tying green flags to the fence of the White House during a protest to pressure the Biden administration to act and protect abortion rights, in Washington, Saturday, July 9, 2022. (AP Photo/Jose Luis Magana)
Abortion-rights demonstrators shout slogans after tying green flags to the fence of the White House during a protest to pressure the Biden administration to act and protect abortion rights, in Washington, Saturday, July 9, 2022. (AP Photo/Jose Luis Magana)

The department said emergency conditions include “ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features.”

Currently, even the states with the most stringent bans on abortion do allow exceptions when the health of a mother is at risk, though the threat of prosecution has created confusion for some doctors.

In a letter to health care providers, HHS Secretary Xavier Becerra wrote, “It is critical that providers know that a physician or other qualified medical personnel’s professional and legal duty to provide stabilizing medical treatment to a patient who presents to the emergency department and is found to have an emergency medical condition preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment.”

The department says its guidance doesn’t reflect new policy, but merely reminds doctors and providers of their existing obligations under federal law.

“Under federal law, providers in emergency situations are required to provide stabilizing care to someone with an emergency medical condition, including abortion care if necessary, regardless of the state where they live,” said Centers for Medicare & Medicaid Services Administrator Chiquita Brooks-LaSure. “CMS will do everything within our authority to ensure that patients get the care they need.”

Mississippi’s trigger law, which went into effect Thursday, says abortion will be legal only if the woman’s life is in danger or if a pregnancy is caused by a rape reported to law enforcement. It does not have an exception for pregnancies caused by incest.

When asked about the Biden administration’s new guidance, Michelle Williams, chief of staff to Mississippi Attorney General Lynn Fitch, pointed to the existing exception in Mississippi’s abortion law.

“Mississippi’s law already makes an exception for preservation of the mother’s life,” Williams told The Associated Press on Monday. “The Biden Administration’s statement of existing law today is about nothing more than maintaining the false narrative that women’s lives are in danger in order to appease his base.”

FILE - Health and Human Services Secretary Xavier Becerra speaks about actions the Biden administration plans to take in response to the Supreme Court's decision to overturn Roe v. Wade, June 28, 2022, in Washington. The Biden administration on Monday, July 11, told hospitals that they
FILE - Health and Human Services Secretary Xavier Becerra speaks about actions the Biden administration plans to take in response to the Supreme Court's decision to overturn Roe v. Wade, June 28, 2022, in Washington. The Biden administration on Monday, July 11, told hospitals that they "must" provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the Supreme Court's decision to end a constitutional right to abortion.(AP Photo/Patrick Semansky, File)

___

Associated Press writer Michael Goldberg in Jackson, Mississippi, contributed to this report.

___

For AP’s full coverage of the Supreme Court ruling on abortion, go to https://apnews.com/hub/abortion

Report Error Submit a Tip

More Stories

Unresolved issues leave little space for you

Maureen Scurfield 5 minute read Yesterday at 2:00 AM CDT

DEAR MISS LONELYHEARTS: My boyfriend — who is newly divorced — has two great children from his marriage. Although he and I have been together since Christmas, it’s obvious he loves his kids much more than he loves me! For instance, he lavishes affection on the kids when they’re over and completely leaves me out. I’m just the cook and dish-washer for the night.

When I brought this up recently, he said, “My girlfriends don’t last, because if I’m openly affectionate with them, the kids tell their mother we’re making out in front of them! They want all my affection and attention when I’m with them.” Then he added, “Stick around, and the kids will probably loosen up.”

Stick around? The explanation and his “advice” totally turned me off. What do you think?

— Not Second-Best to Anyone, St. Vital

Bombers offence stalls in 22-19 loss to Elks

Joshua Frey-Sam 8 minute read Preview

Bombers offence stalls in 22-19 loss to Elks

Joshua Frey-Sam 8 minute read Updated: Yesterday at 8:19 AM CDT

It was a microcosm of the Winnipeg Blue Bombers’ season to this point: a first half that burned bright only to be doused in cold water.

The Bombers began the first leg of their mid-season gauntlet with a 22-19 loss to the Edmonton Elks at Commonwealth Stadium in the Alberta capital on Friday night.

Elks quarterback Cody Fajardo orchestrated an eight-play, 54-yard drive that set up a 40-yard game-winning field goal by Vincent Blanchard that snuck inside the left upright with zeros on the clock.

The drive, which was plagued by poor tackling by the Bombers defence, came after Bombers kicker Sergio Castillo tied the game at 19-19 on a 53-yard boot with 1:41 remaining in the contest.

Read
Updated: Yesterday at 8:19 AM CDT

Biden admin: Docs must offer abortion if mom's life at risk

Zeke Miller, The Associated Press 4 minute read Preview

Biden admin: Docs must offer abortion if mom's life at risk

Zeke Miller, The Associated Press 4 minute read Monday, Jul. 11, 2022

WASHINGTON (AP) — The Biden administration on Monday told hospitals that they “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the Supreme Court's decision to end a constitutional right to abortion.

The Department of Health and Human Services cited requirements on medical facilities in the Emergency Medical Treatment and Labor Act, or EMTALA. The law requires medical facilities to determine whether a person seeking treatment may be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide treatment.

“If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment,” the agency's guidance states. “When a state law prohibits abortion and does not include an exception for the life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.”

The department said emergency conditions include “ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features.”

Read
Monday, Jul. 11, 2022

Executive exodus continues at Shared Health with three recent departures

Chris Kitching 5 minute read Preview

Executive exodus continues at Shared Health with three recent departures

Chris Kitching 5 minute read Updated: 10:15 AM CDT

Manitoba’s provincial health authority is looking for its fourth chief financial officer since 2023 and additional replacements after the recent departures of three executives.

Read
Updated: 10:15 AM CDT

Residents fear mailbox crime sprees

Morgan Modjeski 4 minute read Preview

Residents fear mailbox crime sprees

Morgan Modjeski 4 minute read Yesterday at 2:01 AM CDT

Some North End residents are concerned new community mailboxes will become a target for vandalism and crime after the base of one was recently lit ablaze — before it was even installed.

The community mailboxes started to show up on Andrews Street within the last two weeks. Some have been installed, while at other locations, only the concrete foundation is in place.

“They just dumped them on the boulevard,” said Stephen Giesbrecht, who lives beside one of the boxes in the St. John’s neighbourhood. “They dumped them on the corner and then they were gone.”

One of the concrete slabs has already played host to a fire and some of the hardware needed to install the mailbox melted.

Read
Yesterday at 2:01 AM CDT

Plenty of alternatives to U.S. wines on the shelves

Ben Sigurdson 5 minute read Preview

Plenty of alternatives to U.S. wines on the shelves

Ben Sigurdson 5 minute read Yesterday at 6:00 AM CDT

In February 2025, Manitoba (and most other provinces) pulled American liquor from store shelves as part of the ongoing trade dispute with the United States.

Then in December, the province followed a similar course to others and put American booze that was already on hand back on shelves, selling off inventory that had been wasting away in warehouses for months, and directing proceeds from those sales to charities.

Lineups sprung up at numerous stores as consumers snapped up bestselling American products — think Maker’s Mark, Jack Daniel’s, Apothic Red and the like. After that initial rush, what was left has been languishing on shelves ever since, with many products eventually being drastically discounted for a quick sale, lest they become too long in the tooth.

I decided early on not to write about/review U.S. products in this space until things were well and truly sorted. But a few months back, I found myself in the mood for a big, oaky red wine and — in a moment of weakness, or nostalgia, or maybe just curiosity — I picked up a $30-ish California Cabernet Sauvignon.

Read
Yesterday at 6:00 AM CDT