The Emergency Medical Treatment and Labor Act (EMTALA) provides that any individual who presents to a covered hospital’s emergency department and requests examination or treatment will be provided an appropriate medical screening examination to determine if an emergency medical condition exists. If an emergency medical condition is found to exist, the hospital must offer either stabilizing treatment or an appropriate transfer to another hospital that has the capabilities to provide stabilizing treatment. Emergency medical conditions can include reproductive health-related conditions. In circumstances in which the appropriate stabilizing treatment is care that could fall under a definition of abortion, the hospital is required to offer that stabilizing treatment irrespective of any directly conflicting state laws. For additional information, see CMS’ guidance: QSO-22-22-Hospitals, Revised 8/25/2022
