CMS Rescinds EMTALA Guidance for Emergency Abortions
Client AlertJune 16, 2025
On June 3, 2025, the Centers for Medicare and Medicaid Services (CMS) rescinded its 2022 guidance that clarified hospitals’ obligations to provide emergency abortion care to women under the Emergency Medical Treatment and Labor Act (“EMTALA”), regardless of state law.
Rescinding the guidance eliminates federal protection for providers who render emergency abortion care in hospital emergency departments in states that restrict or ban abortions.
Please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com for more information on this policy change and EMTALA.