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Mastodon: AboutGet the appKeyboard shortcutsView source codev4.4.0-nightly.2025-04-01

#EMTALA

0 posts0 participants0 posts today
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Ivi Choc

"A yearslong legal battle over the right to an emergency abortion in Idaho has been abruptly upended now that President Donald Trump has moved to drop the high-profile case"

instagram.com/p/DG3yVGMpYLS/

EMTALA law
en.wikipedia.org/wiki/Emergenc

Trump DOJ dismisses Idaho case :washingtonpost.com/politics/20

InstagramPullups Pasta Politics on Instagram: "#idaho #pregnancy #birth #babyshower"9,168 likes, 360 comments - pullupspastapolitics on March 6, 2025: "#idaho #pregnancy #birth #babyshower".
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Nonilex

#HHS can influence whether #hospitals provide #abortion in emergency situations. The Biden admin issued guidance saying that #EMTALA’s requirements that hospitals provide emergency medical care also mean hospitals should provide abortion in cases where a woman’s health or life were at risk. Sen Cortez Masto asked #RFKJr if he believes that EMTALA protects a woman’s right to have an emergency abortion if her #health is threatened, in the case of an incomplete miscarriage, for example.
#law #USpol

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Nonilex

#RFKJr is clearly flustered by this exchange. His go-to response when challenged about his about-face seems to be simply that he agrees w/ #Trump that “every abortion is a tragedy”

Sen Catherine Cortez-Masto, (D), trips RFKJr up on a question about #EMTALA, the federal #law that requires hospitals that receive #Medicare funding to provide emergency care to anyone in a life-threatening crisis—including #abortions for pregnant women. RFKJr confesses he does not know what authority he would have.

Public
NN Schneider

Tl;Dr
* Dr. Parisa #Khavari “breached the standard of care ... by failing to provide proper medical treatment to Ms. #Watts.”
* Watts goes home and miscarries there, then returns to hospital.
* Det. Nicholas #Carney, “set out to present a version of events in which Ms. Watts had given birth to a baby she thought may be alive and had then abused it.”
* Watts was charged with abuse of a corpse. A grand jury declined to return an indictment.

#reproductiveRights #EMTALA

ohiocapitaljournal.com/2025/01

Ohio Capital Journal · Ohio woman charged after miscarriage sues city of Warren, Mercy Health in federal court • Ohio Capital JournalAn Ohio woman who was criminally charged after having a miscarriage in her home has filed a federal lawsuit against an the city of Warren, city police officers, a local hospital and its owners.
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Nonilex

#Abortion rights groups & #medical experts called the #Idaho decision a preliminary victory that did not settle the broader question of whether a federal emergency-care #law preempts strict state #AbortionBans.

In both Idaho & #Texas, the #Biden admin asserted that federal law #EMTALA mandates emergency abortion care when it is the only treatment that can save a pregnant woman’s life or prevent serious harm to her health, including…organ failure or loss of fertility.

#AbortionIsHealthcare
Public
Chuck Darwin

The Georgia hospital that failed to save #Amber #Thurman
may have broken a federal law
🔥when doctors there waited 20 hours to perform a procedure criminalized by the state’s abortion ban,
according to Sen. Ron Wyden, chair of the Senate Finance Committee.

The Emergency Medical Treatment and Labor Act, or #EMTALA, requires hospitals to provide emergency care to stabilize patients who need it
— or transfer them to a hospital that can.

Passed nearly four decades ago, the law applies to any hospital with an emergency department and that accepts Medicare funding,
which includes the one Thurman went to, Piedmont Henry in suburban Atlanta.
The finance committee has authority over the regulatory agency that enforces the law.
In a letter sent Monday, Wyden, an Oregon Democrat, cites ProPublica’s investigation into Thurman’s #death,
which was found #preventable by a state committee of maternal health experts.
The senator’s letter asks Piedmont CEO David Kent whether the hospital has delayed or denied emergency care to pregnant patients since Georgia’s abortion ban went into effect. (Kent did not respond to requests for comment.)

“It is my duty to conduct oversight of potential violations of patients’ rights under these laws,” Wyden wrote.
The senator asked for the hospital’s policies covering treatment of patients with emergencies that require abortion care.
He also asked for a list of personnel involved in making those decisions.
He gave the hospital a deadline of Oct. 24 to provide those and other requested records and answers.

Wyden sent the same letter citing ProPublica’s reporting on Thurman to ⚠️seven hospitals in North Carolina, Florida, Missouri, Louisiana and Texas.
♦️One letter seeks information from a Texas hospital where Yeniifer Alvarez-Estrada Glick died in 2022 from complications of pregnancy including hypertension, as reported by The New Yorker.
♦️Other letters seek information from hospitals where women have reportedly been turned away or experienced delayed care.
The hospitals’ answers could lead to proposed legislation or executive actions to strengthen compliance.
The federal Centers for Medicare and Medicaid Services investigates complaints and can take actions including levying fines against hospitals that violate EMTALA.

Wyden’s committee plans to hold a hearingon Tuesday,
saying in a news release it will
💥 “examine how Donald Trump’s successful overturn of Roe v. Wade and subsequent state abortion bans have threatened access to life-saving medical care for women nationwide.”

propublica.org/article/amber-t

ProPublicaDid a Georgia Hospital Break Federal Law When It Failed to Save Amber Thurman? A Senate Committee Chair Wants Answers.
More from ProPublica
Public
ProPublica

Did a #Georgia #Hospital Break Federal Law When It Failed to Save #AmberThurman? A #Senate Committee Chair Wants Answers.
—

Thurman died after waiting 20 hours for emergency care under the state’s #abortion ban. Sen. Ron Wyden demanded records his committee could review to determine whether the hospital violated the law. “It’s not even a question,” one expert said.

propublica.org/article/amber-t

ProPublicaDid a Georgia Hospital Break Federal Law When It Failed to Save Amber Thurman? A Senate Committee Chair Wants Answers.
More from ProPublica
#News#Law#AbortionBan
Public
Tony Stark

EMTALA was put through the Senate in the 80s (by Bob Dole of all people) as a means of ensuring that in-need individuals got lifesaving care. I’m not sure what he imagined for later but what we have is a radical GOP almost 40 years later trying to force their abortion agenda all of us.

All I know it’s that I’m voting for the administration that supports patient rights. #EMTALA #SCOTUS #abortion

Biden-Harris Administration Reaffirms Commitment to EMTALA Enforcement-
hhs.gov/about/news/2024/07/02/

Press Release
HHS.gov · Biden-Harris Administration Reaffirms Commitment to EMTALA EnforcementCMS also announces creation of Spanish-language resources for filing EMTALA complaints
Public
Beth P

All these temporary rulings based on procedural issues of standing rather than the substance of cases...my guess is they're waiting to see if Trump gets re-elected before they go full Handmaid's Tale on us. #SCOTUS #EMTALA #uspolitics

washingtonpost.com/politics/20

The Washington Post · Supreme Court officially allows emergency abortions in Idaho, for nowBy Ann E. Marimow
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Caroline Mala Corbin

Moyle v. Idaho officially released
supremecourt.gov/opinions/23pd

Dismissed as improvidently granted and Court's stays vacated

Kagan: I concur in the Court’s decision today to vacate its stay
and dismiss the writ of certiorari before judgment as improvidently granted. I do so because Idaho’s arguments
about EMTALA do not justify, and have never justified, either emergency relief or our early consideration of this dispute.

#SupremeCourt#SCOTUS#abortion
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Nonilex

“So, as of today, the Court has not adopted #Idaho's farfetched theories-but it has not rejected them either.
“Instead, the Court puts off the decision. But how long must pregnant patients wait…? Until we confront the pending petition…the Govt filed w/us after the #FifthCircuit enabled Texas's flouting of #EMTALA? Until these very cases return to us in a few yrs? Will this Court…have a do-over, rehearing & rehashing the same arguments…,just at a comparatively more convenient point in time?

5/

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Nonilex

“Despite clarity of the #legal issue & the dire need for an answer…,today 6 Justices refuse to recognize the rights #EMTALA protects.…The majority opts, instead, to dismiss these cases. But storm clouds loom….3 Justices suggest…that #States have free rein to nullify #FederalLaw.…& 3 more decline to disagree w/those dissenters on the #merits.…The latter group offers only…that 'petitioners have raised a difficult & consequential argument' about Congress's authority under the Spending Clause.…

4/

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Nonilex

Here is a copy of the *accidentally* posted #SCOTUS ruling on #MoyleVUnitedStates - the case on whether an #Idaho #abortion #law conflicts w/ the federal Emergency Medical Treatment & Active Labor Act (#EMTALA)

assets.bwbx.io/documents/users

Justice #KetanjiBrownJackson’s opinion, concurring in part & dissenting in part, begins on p8.

#AbortionBan#AbortionIsHealthCare#ReproductiveHealthCare
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Gina Intheburg 🇺🇦 🌻 🥥🌴

Supreme Court acknowledges document in pending abortion case accidentally posted online

A copy of the document posted online and then removed suggested that the court will dismiss the dispute over Idaho #abortion law, meaning emergency room doctors theoretically can perform abortions in #Idaho.

Justice Ketanji Brown Jackson, w/out dissenting, wrote separately to say #SCOTUS should have gone ahead & decided the bigger issue, likely to come up in another case.

#EMTALA

nbcnews.com/politics/supreme-c

NBC News · Supreme Court acknowledges accidentally posting Idaho abortion case document that may preview narrow Biden admin winBy Lawrence Hurley
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