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EMTALA Hospitals Abortion

Dorsey & Whitney LLP

Iowa Fetal Heartbeat Law to Go Into Effect on July 29, 2024

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Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more

Holland & Hart LLP

Supreme Court Restores the EMTALA Exception to Idaho's Abortion Ban for Now

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On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more

Amundsen Davis LLC

Uncertainty of State Abortion Laws Leads to CMS Investigations of Hospitals Denying Emergency Care

Amundsen Davis LLC on

On May 1st, the Centers for Medicare and Medicaid Services (CMS) announced investigations into two hospitals that did not provide necessary stabilizing treatment to a pregnant individual experiencing an emergency medical...more

Sheppard Mullin Richter & Hampton LLP

EMTALA and Pregnancy Care Remains a Federal Enforcement Priority

On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more

ArentFox Schiff

Post-Dobbs Hospital Risk Assessment, Part 1: Evaluating the Impact on Delivery of Abortion Services

ArentFox Schiff on

In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a...more

ArentFox Schiff

Conducting a Post-Dobbs Risk Assessment: A Guide for Hospitals and AMCs

ArentFox Schiff on

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series,...more

Parker Poe Adams & Bernstein LLP

How North Carolina Hospitals Can Navigate the Thorny Legal Landscape Involving Emergency Abortion Care

​​​​​​​In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

Foley Hoag LLP

Competing EMTALA Decisions Underscore Complexity of Post-Dobbs Legal Landscape

Foley Hoag LLP on

In eliminating the federal constitutional right to abortion, the United States Supreme Court’s July 24, 2022 decision, Dobbs v. Jackson Women’s Health Organization, returned the question of abortion regulation to the “people...more

Foley Hoag LLP

Two Lawsuits on EMTALA’s Role in a Post-Dobbs World

Foley Hoag LLP on

Following the Supreme Court’s decision in Dobbs, one federal law, the Emergency Medical Treatment and Labor Act (EMTALA), has become a focal point in the Biden administration’s efforts to challenge state attempts to restrict...more

BakerHostetler

DOJ Alleges Idaho Abortion Law Violates EMTALA

BakerHostetler on

On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor...more

King & Spalding

HHS Says Hospitals Must Provide Abortions When an Emergency Medical Condition is Found to Exist; Texas Files Lawsuit in Response

King & Spalding on

HHS released guidance on July 11, 2022, stating that the Emergency Medical Treatment and Active Labor Act (EMTALA)—which requires hospitals and physicians to provide emergency medical treatment when an emergency medical...more

Manatt, Phelps & Phillips, LLP

EMTALA v. State Abortion Laws: Navigating the Legal Uncertainties of Emergency Abortion Care

In the wake of the Supreme Court’s decision overturning Roe v. Wade, the Centers for Medicare & Medicaid Services (CMS) issued guidance to health care providers on July 11, 2022, underscoring that the federal Emergency...more

Maynard Nexsen

State Abortion Laws v. EMTALA: Navigating Between a Rock and a Hard Place

Maynard Nexsen on

The Centers for Medicare & Medicaid Services (“CMS”) issued updated guidance on July 11, 2022, reinforcing the federal Emergency Medical Treatment and Labor Act (“EMTALA”) obligations specific to patients who come to a...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more

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