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On June 3, 2025, the Centers for Medicare and Medicaid Services (CMS) rescinded its 2022 guidance that clarified hospitals’ obligations to provide emergency abortion care to women under the Emergency Medical Treatment and Labor Act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

Healthcare Provisions of the American Rescue Plan

March 17, 2021On March 11, 2021, President Joe Biden signed into law H.R. 1319, the American Rescue Plan Act of 2021 (the “ARP”). In addition to the widely reported additional stimulus paychecks, the ARP includes many provisions related to the healthcare industry and marketplace that seek to improve access and affordability. The major provisions of the ARP that affect the healthcare sector are summarized below:Client Alert

2020 EEOC Statistics – More Money and Fewer Charges

March 16, 2021The U.S. Equal Employment Opportunity Commission (EEOC) released its comprehensive report on the workplace discrimination it received in Fiscal Year 2020. The Enforcement and Litigation Statistics provide detailed breakdowns of charges of employment discrimination and resolutions under a variety of statutes. Here are the highlights:Client Alert

A New Formation Solution – is the SSLC Right for Your Business?

March 4, 2021In early January 2021, Ohio adopted Senate Bill 276 which established a Revised Limited Liability Company Act (“ORLLCA”) as Ohio Revised Code Chapter 1706, which effectively replaces the current Ohio Limited Liability Company Act (Ohio Revised Code Chapter 1706). The ORLLCA will become effective on January 1, 2022. One of the principal changes within the ORLLCA is the ability to establish “series LLCs”. Ohio becomes the 15th state to adopt a “series LLC” (“SLLC”). The below FAQs will help you better understand the mechanics and nuances of a series LLC.Client Alert

Surprise! A Cautionary Tale for Out-Of-Network Billing: The No Surprises Act and the Impact on Healthcare Providers

February 25, 2021SURPRISE! Congress passed The No Surprises Act at the end of 2020. Providers, particularly those billing as out-of-network providers, should start thinking about strategies to comply with this new law, set to take effect on January 1, 2022. In its most basic sense, the new law prohibits providers from billing patients for more than the in-network cost-sharing amount in most situations where surprise bills happen. It specifically applies to non-government payers and the amounts will be set through a process described in the new law. In particular, the established in-network cost-sharing amount must be billed for the following services:Client Alert

Ohio Enacts Substantial Changes to Employment Discrimination Laws

February 25, 2021In January, Governor Mike DeWine signed into law the Employment Law Uniformity Act, amending the employment protections in the Ohio Civil Rights Act in several significant ways. Such changes to the state’s anti-discrimination and anti-harassment laws have been considered and debated for years and finally made their way into Ohio law. What has changed for employment claims under the amended Ohio Civil Rights Act?
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