CMS Rescinds Biden Administration Guidance on Emergency Reproductive Care

7/1/2025
On May 29, 2025, the Centers for Medicare and Medicaid Services (CMS) issued revised guidance rescinding its July 11, 2022 guidance (Ref. QSO-22-22-Hospitals) clarifying how the Emergency Medical Treatment and Labor Act of 1965 (EMTALA) should be interpreted in the wake of state policy and legislative responses to the landmark Supreme Court decision, Dobbs v. Jackson Women’s Health Organization (2022), which overturned the Supreme Court ruling in Roe v. Wade (1973). Under EMTALA, individuals seeking medical care at a Medicare-funded hospital must be screened by qualified medical personnel to determine the presence of a medical condition. If an emergency medical condition is identified, the patient must be provided with stabilizing treatment before the patient is discharged or transferred to another facility. EMTALA applies regardless of the individual’s ability to pay.
Related Practices: Healthcare Law, Litigation
Related Attorney: Keith J. Roberts, Shannon Carroll, Paul J. DeMartino, Jr.
Related Industry: Healthcare