 Health Care |
Health Care |
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Supreme Court to hear EMTALA arguments |
The Biden administration will head Wednesday to the Supreme Court to defend one of its primary efforts to protect abortion rights after the fall of Roe v. Wade. |
At stake is whether a federal emergency care law passed 37 years ago trumps state laws that ban abortion in nearly all circumstances. Idaho's abortion ban is one of the strictest in the country and provides a narrow exemption only to save the life of the pregnant patient. The Biden administration sued Idaho just weeks after the Dobbs ruling overturned Roe. The Justice Department contends the law requires hospitals that receive Medicare funding to provide an abortion if necessary to stabilize the health of an emergency room patient, regardless of state abortion bans. Conservatives say the administration is trying to use the law to create a national abortion mandate for hospitals. They argue federal law doesn't dictate the kind of care people receive, only that they are stabilized. The case centers around a federal law known as EMTALA — the Emergency Medical Treatment and Active Labor Act — which requires federally funded hospitals to provide stabilizing care to emergency room patients no matter their ability to pay. The Biden administration invoked EMTALA in the wake of the Supreme Court decision that overturned Roe v. Wade as a way to ensure abortion access would be protected in limited circumstances. The administration argues state laws or mandates that employ a more restrictive definition of an emergency medical condition are preempted by the federal statute. "Many pregnancy complications do not pose a threat to the woman's life when she arrives at the emergency room — but delaying care until necessary to prevent her death could allow her condition to deteriorate, placing her at risk of acute and long-term complications," the Justice Department said in its brief. EMTALA doesn't specifically mention abortion, which conservatives say undercuts the Justice Department's case. "EMTALA says nothing about abortion. Congress has not silently mandated abortions that it won't pay for, especially not in a statute amended to protect a pregnant mother's unborn child," attorneys for Mike Moyle (R), Speaker of the Idaho House of Representatives, wrote in a brief. |
Welcome to The Hill's Health Care newsletter, we're Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health. |
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How policy will be impacting the health care sector this week and beyond: |
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A watchdog group filed complaints with five state attorneys general on Tuesday, alleging that two of the country's largest crisis pregnancy center organizations are deceiving patients about their privacy rights. The Campaign for Accountability (CFA) complaints claim that Heartbeat International and Care Net crisis pregnancy centers tell patients their private health information is protected by federal privacy law, even though … |
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| Archaic pieces of legislation are coming back to life as the fight over abortion access rages across the country ahead of November’s elections. When the Arizona Supreme Court ruled to ban nearly all abortions in the state, it did so by upholding an 1864 law — passed before Arizona was made a state — that made performing abortions a felony. There are at least five other states that have similar so-called “zombie … |
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President Biden will deliver a speech in Tampa, Fla., on Tuesday focused on reproductive rights, taking center stage on abortion about one week ahead of the state's six-week ban takes effect. Biden is expected to place the blame for the state's abortion restrictions squarely on former President Trump, who has repeatedly taken credit for appointing the Supreme Court justices who overturned Roe v. Wade in June 2022. The Biden … |
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Branch out with a different read: |
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Get better sleep with these 5 tips from experts |
Spending too many nights trying to fall asleep — or worrying there aren't enough ZZZs in your day? You're not alone. Nearly one-third of American adults say they don't get the recommended seven to nine hours a night. Some of the major causes: Stress, anxiety and a culture that experts say is about productivity, not rest. "You need to understand … | |
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Local and state headlines on health care: |
- State Health Plan asks for public's help in lowering cost of weight-loss drugs (WRAL)
- Medicaid, education funding bills still up in the air in Mississippi Legislature as deadline looms (Clarion Ledger)
- Missed deadlines lead to $11.5M veto, upending plans for UNM public health school (Source New Mexico)
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Health news we've flagged from other outlets: |
- Women are less likely to die when treated by female doctors, study suggests (NBC News)
- Patients are being denied emergency abortions. Courts can only do so much. (Politico)
- 'Modest' decreases in kids' development during pandemic, study finds (Axios)
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Most read stories on The Hill right now: |
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The Federal Trade Commission (FTC) voted 3-2 on Tuesday to ban noncompete agreements that prevent tens of millions of employees from working for competitors … Read more |
| Former President Trump brushed off warnings he could be charged for keeping classified documents at his Mar-a-Lago residence, promising to … Read more |
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Opinion related to health submitted to The Hill: |
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You're all caught up. See you tomorrow! |
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