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CMS Rescinds EMTALA Guidance for Emergency Abortions

Client Alert
June 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On June 3, 2025, the Centers for Medicare and Medicaid Services (CMS) rescinded its 2022 guidance that clarified hospitals’ obligations to provide emergency abortion care to women under the Emergency Medical Treatment and Labor Act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.

Health LawHealthcareAbortion
Client Alert

SMALL BUSINESS ALERT: January 1, 2024 - Beneficial Ownership Information Reporting

October 13, 2023Beginning on January 1, 2024, many small businesses across the United States will have to report personal information about their owners, beneficial owners, and others who own or exercise control over the company. The information will have to be reported to, and maintained by, the Financial Crimes Enforcement Network (“FinCEN”) as part of the Beneficial Ownership Information Rule. FinCEN is a bureau of the U.S. Department of the Treasury.Client Alert

Health Care Inclusivity for the LGBTQIA+ Community

October 5, 2023Healthcare providers, regardless of practice setting, should be aware of the healthcare disparities for LGBTQIA+ individuals, and ways in which they can be more inclusive of these individuals by making modifications to their practices.Client Alert

Obtaining Patient Consent

October 4, 2023Patients have autonomy to choose what can and cannot be done to their bodies. Therefore, informed consent is required before any treatments or procedures commence. This is a stark contrast to the previously recognized paternalistic approach, which relies solely on the decision-making of the provider. However, in order for patients to really choose whether or not to submit themselves to a particular healthcare service, they must actually understand what the service is. Therefore, patient consent should help the patient understand the risks and benefits, as well as any alternative treatment options.Client Alert

Over-the-Counter Contraceptive Pills Are Coming, But Will Insurance Cover Them?

September 20, 2023Client Alert

The U.S. Department of Labor Proposes FLSA Changes to Give Millions of Workers Overtime Pay Protection

September 18, 2023
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