Wyden, Hirono Demand Answers on Trump Rescinding Emergency Reproductive Care Guidance
Washington, D.C. – U.S. Senators Ron Wyden, D-Ore., and Mazie K. Hirono, D-Hawai’i, today demanded answers from the Trump Administration about its decision to rescind Biden-era guidance that reaffirmed the obligation of hospitals to provide life-saving, emergency abortion care under the Emergency Medical Treatment and Labor Act (EMTALA).
Passed into law in 1986, EMTALA requires any hospital receiving Medicare funding to provide necessary stabilizing treatment for any individuals experiencing a medical emergency, including abortion care. The law clearly mandates that hospitals offer abortion care in cases where it is deemed medically necessary to prevent serious harm to patients.
However, since the Supreme Court handed down the disastrous Dobbs decision three years ago, more than 20 states have passed laws to ban or severely restrict access to abortion, creating chaos and confusion over conflicting state and federal laws and resulting in countless women being denied lifesaving care – despite an obligation by hospitals to provide necessary emergency abortion care under federal law, no matter which state they operate.
“While EMTALA remains binding federal law, the rescission will create further confusion for hospitals and providers, especially in states with abortion bans, and will result in medically-necessary care being withheld from pregnant patients in crisis,” wrote the lawmakers in their letter to Department of Health and Human Services Secretary Robert F. Kennedy, Jr. and Centers for Medicare & Medicaid Services Administrator Dr. Mehmet Oz. “When doctors are forced to navigate the complex legal interplay of state abortion bans and federal EMTALA protections, pregnant people experience care delays and may receive substandard care.”
The senators asserted that by rescinding this guidance, HHS has further complicated how hospitals and doctors navigate existing health care law, needlessly putting pregnant women at severe risk of harm, medical complications, lasting health consequences, and even preventable death.
“This abrupt decision will further the chaos and confusion that hospitals, physicians, and patients have experienced since the Dobbs decision and will result in negative and deadly consequences for women and families across the United States,” the lawmakers concluded.
In addition to Wyden and Hirono, the letter was signed by Senators Amy Klobuchar, D-Minn., Lisa Blunt Rochester, D-Del., Tammy Duckworth,D-Ill., Elizabeth Warren, D-Mass., Angela Alsobrooks, D-Md, Maria Cantwell, D-Wash., Tina Smith, D-Minn., and Jacky Rosen, D-Nev.
Wyden has been a longtime advocate in the Senate for upholding abortion access, including the federal protections granted under EMTALA. In December 2024, Wyden released the results of an investigation into eight hospitals that delayed or denied reproductive care in violation of EMTALA. In March, he condemned Donald Trump’s Department of Justice for dropping a case brought by the Biden administration that challenged Idaho’s extreme abortion ban.
The full text of the letter is here.
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