Pregnant Wisconsinites Are Ensured Lifesaving Care
State and federal laws require hospitals to provide appropriate emergency care, including abortion care
The Wisconsin Department of Health Services wants to assure Wisconsinites that - under state and federal laws - hospitals must provide lifesaving care for pregnancies under the Emergency Medical Treatment and Labor Act (EMTALA), which includes providing abortion care when that is the necessary treatment. This clarification comes following a June 3 statement made by the Centers for Medicare and Medicaid Services (CMS) to rescind July 2022 guidance on enforcing EMTALA as it relates to pregnancy.
"There are a number of situations in which an individual who is pregnant may face a health care emergency and the only option may be emergency abortion care," said Wisconsin Department of Health Services Secretary Kirsten Johnson. "This federal update does not change anything in Wisconsin, and we want people to know they will continue to be protected if they need to go to the emergency room during pregnancy."
The statement from CMS does not change the requirements of EMTALA, which requires hospitals to provide patients with an examination and stabilizing treatment prior to transfer or discharge for an emergency department visit. Wisconsin DHS continues to have authority to investigate allegations of non-compliance with EMTALA. Hospitals must provide emergency abortion care under EMTALA regardless of state law.
Anyone needing information, support, and resources for their pregnancy can contact the Well Badger Resource Center.