The Trump administration has officially rescinded a federal directive that required hospitals nationwide to provide emergency abortions when necessary to stabilize a patient’s health, even in states with strict abortion bans.

EMTALA (Emergency Medical Treatment and Active Labor Act), enacted in 1986, required hospitals to provide stabilizing care for emergency medical conditions, but the explicit requirement to provide abortion as part of that care has not been uniformly interpreted or enforced by every administration.

Since the Supreme Court overturned Roe v. Wade, states have enacted a patchwork of abortion bans, creating uncertainty for patients and providers. After the Supreme Court overturned the ruling, the Biden administration issued guidance requiring emergency abortion care in situations such as ectopic pregnancies, severe preeclampsia, or complications arising from pregnancy loss.

On Tuesday, the Trump administration declared that the Biden-era guidance and its accompanying legal assurances “do not reflect the policy of this administration.” While CMS stated it would continue to enforce EMTALA’s general requirements, it stopped short of reaffirming that emergency abortion care is explicitly protected under federal law, leaving hospitals and providers in states with abortion bans facing renewed uncertainty.

With thirteen states now enforcing total abortion bans and others imposing severe restrictions, the rescission of federal emergency abortion protections is expected to have immediate and far-reaching impacts on reproductive healthcare. 

Numerous medical and legal experts, as well as advocacy groups, have warned that rescinding the guidance increases confusion and fear among providers, particularly in states with strict abortion bans, potentially putting patients at risk and leaving doctors uncertain about their legal obligations.