On June 3, 2025, the Trump administration rescinded a Biden-era policy that had mandated hospitals to provide emergency abortions when necessary to stabilize a patient’s health, even in states with strict abortion bans. This policy, issued in July 2022 following the U.S. Supreme Court’s decision to overturn Roe v. Wade, interpreted the Emergency Medical Treatment and Labor Act (EMTALA) as requiring hospitals to offer such care regardless of state restrictions.
The Centers for Medicare & Medicaid Services (CMS) announced the revocation, stating that the previous guidance no longer reflected the current administration’s policies. While CMS affirmed its commitment to enforcing EMTALA for emergencies affecting pregnant individuals or their unborn children, it acknowledged the need to address legal uncertainties arising from this policy shift.
The decision has sparked significant concern among healthcare providers and reproductive rights advocates. Critics argue that the rollback could lead to confusion among medical professionals, particularly in states with stringent abortion laws, potentially jeopardizing patient care during emergencies. Nancy Northup, president and CEO of the Center for Reproductive Rights, stated that the administration’s move feeds existing fears and confusion in hospitals, emphasizing the need for more guidance to prevent the denial of care to patients experiencing pregnancy crises.
Conversely, anti-abortion advocates have welcomed the revocation. Marjorie Dannenfelser, president of SBA Pro-Life America, contended that the previous policy was an overreach, asserting that it was used to expand abortion access in states where it was banned. She argued that such policies created confusion, leading to delayed care and putting women in unnecessary danger.
The legal landscape surrounding emergency abortion care remains complex. In a related development, the Trump administration previously dropped a lawsuit against Idaho’s near-total abortion ban, which had been challenged under the Biden-era guidance. Although the lawsuit was dismissed, a separate legal challenge by a hospital system continues to block the enforcement of Idaho’s ban in emergency situations.
This policy reversal underscores the ongoing national debate over abortion rights and the extent of federal authority in ensuring access to emergency medical care, particularly in states with restrictive abortion laws.