CA Attorney General Bonta, NJ Attorney General Platkin, NY Attorney General James co-lead coalition of 22 attorneys general in reminding hospitals of their obligation to provide emergency abortion care, on third anniversary of Dobbs

Published Date: Jun 24, 2025

CA Attorney General Rob Bonta co-led a coalition of 22 attorneys general in sending a letter to the American Hospital Association reminding hospitals of their ongoing obligation to comply with the federal Emergency Medical Treatment and Labor Act (EMTALA). Every hospital in the United States that operates an emergency department and participates in Medicare is subject to EMTALA. Under the law, emergency departments are required to provide all patients who have an emergency medical condition with the treatment required to stabilize their condition, including abortion care. On May 29, 2025, the U.S. Centers for Medicare and Medicaid Services (CMS) rescinded guidance that it issued in 2022 “to remind hospitals of their existing obligation to comply with EMTALA”. CMS’s rescission of this guidance does not change federal law or the obligations EMTALA imposes. Put simply, all hospitals must continue to follow EMTALA, including with respect to the provision of emergency abortion care. “When a medical emergency happens, patients must be assured that they can access life-saving care when they go to the hospital – that includes emergency abortion care. Despite the Trump Administration’s attempt to sow confusion and fear among providers, EMTALA remains the law of the land and its obligations are clear: Hospitals must continue to provide emergency abortion care to prevent serious harm to patients’ health. Furthermore, states like California and many others have analogous state law protections, which we take very seriously. At the California Department of Justice, we remain steadfast in our commitment to ensuring that every hospital continues to follow the law, and we stand ready to work together with our sister states to ensure that every pregnant patient across the country receives the necessary and lifesaving healthcare that federal and state law require.” – AG Bonta

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