Trump revokes Biden-era rule on emergency abortions in hospitals

Jessica Nix, Bloomberg News on Jun 3, 2025

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The Trump administration rescinded guidance put in place by former President Joe Biden that directed U.S. hospitals to provide abortions on an emergency basis when they’re medically necessary to stabilize patients.

The guideline was established in July 2022 under the Emergency Medical Treatment and Labor Act, just weeks after the U.S. Supreme Court overturned the Roe v. Wade decision that protected national abortion rights. It was enacted under the Centers for Medicare and Medicaid Services after women reported being turned away from hospitals while facing serious pregnancy complications, including severe bleeding.

The rule required Medicare-funded hospitals to provide an emergency exam or stabilizing treatment. The majority of U.S. hospitals participate in the federal insurance program for the elderly and disabled.

CMS will continue to enforce the law, “including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy,” the agency said a statement. It “will work to rectify any perceived legal confusion and instability,” it said, without providing any additional detail.

The move comes as states grapple with how to handle abortion access, a controversial subject that’s led to a patchwork of abortion laws on topics ranging from the abortion pill mifepristone to whether physicians could be criminally prosecuted for providing the procedure or prescribing medication.

“The Trump administration’s decision to withdraw EMTALA guidance guaranteeing pregnant people medical care in emergency situations will sow confusion for providers and endanger the lives and health of pregnant people,” Skye Perryman, president and chief executive for Democracy Forward, said in a statement.

Last year, the Supreme Court ruled on procedural grounds to allow emergency abortions in Idaho to protect the health of the mother to continue, after the Biden administration sued the state for banning the procedure.

Congress passed the EMTALA laws in 1986 to ensure emergency medical care to uninsured patients.

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