HHS Confirms Federal Law Preempts State Laws Restricting Access to Emergency Abortions

In guidance issued by HHS Secretary Xavier Becerra on July 11, 2022, the Biden Administration “reaffirmed that it [the Emergency Medical Treatment and Active Labor Act (EMTALA)] protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations” and that, in emergency situations, “this federal law preempts state law restricting access to abortion in emergency situations.”