News & Analysis as of

State and Local Government Reproductive Healthcare Issues Dobbs v. Jackson Women’s Health Organization

Epstein Becker & Green

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

Epstein Becker & Green on

The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more

Goodwin

Texas District Court Vacates HIPAA Reproductive Healthcare Rule

Goodwin on

On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order to vacate a large portion of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to Support Reproductive...more

Greenbaum, Rowe, Smith & Davis LLP

Criminalizing Reproductive Care and Abortion Services through Telehealth

The January 30, 2025 issue of the New England Journal of Medicine contains an article entitled “Providing Interstate Telehealth Abortion Services to Patients in Restrictive States.” In the second sentence, the authors write:...more

Jenner & Block

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

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The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more

Foley Hoag LLP

EMTALA Abortion Question Set Up for Supreme Court Review

Foley Hoag LLP on

As we’ve discussed in previous alerts (here and here), after the Supreme Court’s Dobbs decision, which eliminated the federal constitutional right to abortion and returned the question of abortion regulation to the states,...more

Sheppard Mullin Richter & Hampton LLP

Access to Abortion Pill in Limbo: Navigating the Intricacies of Conflicting Federal Court Rulings in Texas and Washington State

The U.S. Food and Drug Administration’s (“FDA”) approval of the commonly-used abortion medication, Mifepristone, has been curtailed following dueling federal court decisions in Texas and Washington. Just days after a Texas...more

Akerman LLP - Health Law Rx

State Attorneys General Flex in a Post-Dobbs world – can complying with federal regulatory guidance constitute racketeering...

Are State Attorneys General expanding their reach in this Post-Dobbs world? On February 1, 2023, twenty state Attorneys General signed letters to both CVS and Walgreens warning the giant retail pharmacies against mailing...more

Epstein Becker & Green

Five States Put Abortion Questions on the Ballot; Health Care and Other Employers Should Stay Tuned

Epstein Becker & Green on

In the wake of the landmark decision in Dobbs v. Jackson Women’s Health Organization, we have been closely monitoring legal developments across the country. In addition to well publicized “trigger laws” that were effectuated...more

Foley Hoag LLP - State AG Insights

State Attorneys General on the Abortion Frontlines

In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, state attorneys general are, not surprisingly, joining the frontlines of the ensuing state-by-state debate on abortion rights. ...more

McDermott Will & Schulte

Post-Roe Risk Mitigation Checklist - Are you Protecting Your Organization?

The Dobbs decision has triggered widespread legal uncertainty concerning the delivery of reproductive and family planning services. About half of the U.S. states already prohibit or heavily limit abortion services or are...more

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