New CMS Web Portal Makes it Easier to Report Hospitals That Fail to Provide Emergency Abortion Care
The Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS) has created a new web portal to make it easier for patients and healthcare workers to file complaints about emergency departments that they believe have unlawfully denied care. While the portal can be used to file complaints about any denial of care that is thought to violate the Emergency Medical Treatment and Active Labor Act (EMTALA), it was created in response to the overturning of Roe v. Wade and the introduction of state laws that severely restrict or ban abortion care.
EMTALA was enacted in 1986 to prevent hospitals from turning away patients suffering life-threatening health emergencies. Under EMTALA, hospitals must perform screening examinations to determine if a patient is experiencing an emergency, and if confirmed, stabilizing treatment must be provided. If that treatment cannot be provided, they must appropriately transfer the patient to another facility to allow that care to be provided. Shortly after the Supreme Court’s decision that overturned Roe V. Wade and removed the federal right to abortion, the HHS issued guidance confirming that hospitals are expected to provide emergency care to patients under EMTALA. In situations where abortion is the standard of stabilizing care, that care must be provided regardless of any abortion laws enacted by states.
There have been legal challenges in Idaho and Texas regarding state laws being preempted by EMTALA. In Idaho, a ban has been imposed on abortions and it is a crime to perform or assist with an abortion. Since the law was enacted, an exception has been added for emergencies where the life of a mother is at risk but it does not extend to the health of a mother. In Texas, HHS guidance on abortions and EMTALA was challenged, and a preliminary injunction remains in place that blocks the HHS from enforcing its guidance in Texas or against the members of the American Association of Pro Life Obstetricians and Gynecologists (AAPLOG) and the Christian Medical and Dental Association (CMDA). The Supreme Court is due to rule on these cases later this year.
The new portal explains individuals’ rights under EMTALA and includes an online form that anyone can use to file a complaint about a potential EMTALA violation. The form asks for contact information and allows complainants to explain any concerns they may have about sharing their information with the state where the hospital is located; however, complaints will be accepted anonymously and will still be investigated.
“If an individual believes their EMTALA rights have been violated, it is important that they can easily file a complaint,” said CMS Administrator Chiquita Brooks-LaSure. “We want to make sure that everyone knows their rights and can take action to help make sure the health care system is safe for everyone.”
