CMS rescinds post- Roe guidance on emergency abortions, even in states with bans

Key takeaways:

CMS is rescinding a Biden administration-era policy on abortion care for women in medical emergencies.

Experts told Healio about the legal and ethical implications for providers.

CMS announced that it is rescinding guidance directing U.S. hospitals to provide abortion care when necessary for pregnant patients experiencing medical emergencies.

In July 2022 — just after Roe v. Wade was overturned — the Biden administration used the Emergency Medical Treatment and Labor Act (EMTALA) as a basis for the guidance, which they issued in an attempt to protect women who need abortion care to prevent serious health complications, including death.

The Biden-era guidance specifically states that “if a physician believes that a pregnant patient presenting at an emergency departme