Texas, Idaho abortion bans test against federal emergency medicine rule

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Hospitals are required to stabilize anyone experiencing a medical emergency. Two lawsuits question whether that includes performing an abortion, despite state laws.

An Austin-Travis County EMS unit parked near a hospital's emergency entrance in Austin on July 7, 2020., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

The U.S. Supreme Court is hearing arguments about the Idaho case April 24. Its ruling is expected to impact the Texas case, as well as the future of both state-level abortion bans and national standards of emergency medicine. Dr. Ron Anderson saw all this firsthand as CEO of Parkland Memorial Hospital, the public hospital in Dallas. In a, Anderson recounted the story of a pregnant woman who told her doctors at a private hospital that her husband had lost his insurance.

EMTALA defines an emergency medical condition as anything severe enough where not providing immediate medical attention could place the health of the patient — “or with respect to a pregnant woman, the health of the woman or her unborn child” — in serious jeopardy, or cause serious impairment to bodily functions, organs or parts.

for EMTALA violations in the past for failing to perform medically necessary abortions to stabilize patients.to hospitals, reminding them that if a doctor believes an abortion is necessary to stabilize a patient’s emergency medical condition, “the physician must provide that treatment.” Texas’ abortion ban has an exception that allows doctors to perform an abortion to save a patient’s life. So why is the state going to court over a requirement to perform medically necessary abortions?

“We are all supposed to be protected when we go to a hospital,” Rosenbaum said. “A, they've got to screen us, but B, if we become unstable in the hospital, then they've got to stabilize us before they let us go.” Hendrix, a Trump-appointee who hears nearly all cases filed in Lubbock, also found that the guidance was unauthorized because the agency did not follow proper rulemaking procedure.

U.S. District Judge B. Lynn Winmill, who was appointed by President Bill Clinton, wrote in his ruling that this case was “not about the bygone constitutional right to an abortion,” but whether Idaho’s state law “conflicts with a small but important corner of federal legislation. It does.”

Texas Politics Texas Policy Texas Government Abortion Health Care State Government Reproductive Health Courts

 

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