Platkin, 21 other attorneys general urge hospitals to follow federal emergency abortion care law
TRENTON, N.J. — New Jersey Attorney General Matthew J. Platkin has joined a coalition of 22 attorneys general in a letter to the American Hospital Association reminding hospitals of their obligations under the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law requiring hospitals to provide stabilizing care — including abortion — in medical emergencies.
The June 24 letter was issued in response to the Trump Administration’s Centers for Medicare and Medicaid Services decision on May 29 to rescind 2022 guidance clarifying hospitals’ obligations under EMTALA following the U.S. Supreme Court’s 2022 ruling overturning Roe v. Wade.
The attorneys general argue the rescission does not change the legal responsibilities of Medicare-participating hospitals, which remain obligated under EMTALA to provide abortion care if necessary to stabilize patients experiencing emergency medical conditions. Conditions cited include ectopic pregnancy, placental abruption, severe preeclampsia, and hemorrhaging.
“The Trump Administration cannot unilaterally change the law,” the letter states. “EMTALA remains in full force and effect, and hospitals must continue to comply with its requirements.”
The letter was sent on the third anniversary of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade. It reaffirms the coalition’s stance that federal law preempts state-level abortion restrictions in emergency medical situations governed by EMTALA.
In addition to New Jersey, the letter was signed by attorneys general from California, New York, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
