**Kuster urged the Biden administration to enforce the Emergency Medical Treatment and Labor Act and protect medically-necessary abortions earlier this month**

Washington, D.C. — Today, heeding calls from Congresswoman Annie Kuster (NH-02), the Biden administration announced they would be enforcing the Emergency Medical Treatment and Labor Act (EMTALA), a federal law that requires hospitals with emergency departments to stabilize and treat anyone seeking care. In this guidance, Health and Human Services Secretary Xavier Becerra clarified that federal law preempts state abortion bans when emergency care is needed, and the federal government can penalize institutions or providers that fail to provide abortions as needed to treat medical emergencies. This move comes after Kuster sent a letter to the Department of Health and Human Services demanding the administration take immediate action to protect pregnant patients.

“I am encouraged that the Biden administration is taking this step and enforcing existing federal law to ensure that all patients, regardless of where they live or where they are receiving services, are able to access the emergency medical care they need, including abortion,” said Rep. Kuster. “I called on the president to take this action to protect the well-being of women, families, and health care providers across our country. While this is a positive step, it is not enough. I will continue working in Congress to establish the right to reproductive health care, including safe and legal abortion.”

Specifically, the Biden administration’s letter clarifies that:

• Abortion is an emergency medical treatment;
• EMTALA preempts any state law including abortion bans that do not provide an exemption for the life of the mother;
• EMTALA enforcement and those civil monetary penalties could be imposed on those who violate EMTALA;
• If a complaint investigation identifies an EMTALA violation, the hospital could be removed from the Medicare program.

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