News & Analysis as of

Abortion Preemption Hospitals

Shipman & Goodwin LLP

Trump Administration Rescinds Biden Administration's EMTALA Preemption Guidance

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On June 3, 2025, the Trump Administration announced that it rescinded the Biden Administration’s guidance issued on July 11, 2022. The Biden Administration’s guidance advises hospital providers that, under the federal...more

Shipman & Goodwin LLP

Idaho Federal Judge Warns of Conflicts Between Restrictive Abortion Laws and EMTALA

Shipman & Goodwin LLP on

In a 60-page decision issued on March 20, 2025, Judge Lynn Winmill, a Federal District Judge for the District of Idaho, granted a preliminary injunction that enjoins Attorney General Raúl Labrador and his officers, employees,...more

Akerman LLP - Health Law Rx

Idaho’s Defense of Life Act and EMTALA: For Now, a Federal Court Permits an Idaho Health System to Stabilize Pregnant Patients...

An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant...more

Dorsey & Whitney LLP

Iowa Fetal Heartbeat Law to Go Into Effect on July 29, 2024

Dorsey & Whitney LLP on

Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more

Parker Poe Adams & Bernstein LLP

How North Carolina Hospitals Can Navigate the Thorny Legal Landscape Involving Emergency Abortion Care

​​​​​​​In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more

BakerHostetler

DOJ Alleges Idaho Abortion Law Violates EMTALA

BakerHostetler on

On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

Stinson LLP on

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more

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