HHS clarifies existing federal law in pressure to respond more to abortion rulings
The Byden administration reminds doctors that if an abortion is needed to stabilize the patient in an emergency medical situation, it must be done.
The Ministry of Health and Social Welfare Published yesterday’s updated guidance โ an attempt to clarify when an abortion can be performed in a state where the provider has banned the procedure.
Did the memo contain a new policy? No, it wasn’t. The Federal Health Department was pretty clear in that regard. “This memorandum is issued to remind hospitals of their existing obligation to comply with EMTALA and does not include a new policy.” You can find it in the note at the top of the document.
Instead, Guidance sought to survive the turmoil and defend doctors if they were sued by their state. According to HHS, federal law has won state abortion bans and protects clinicians’ decisions when treating, regardless of the state in which they are being treated.
Some providers welcomed the guarantee, but are unlikely to suppress democratic activists asking the White House to push the boundaries of what they can do to respond to the overturned Supreme Court decision. Roe v. WadeProtection decades ago. President Biden Last week, he signed an executive order aimed at instructing the Secretary of the Government to take some steps, including strengthening emergency medical care, to strengthen the right to abortion.
- “There is a lot of pressure to do something,” he said. Arina Sarganikov, Senior Vice President Kaiser Family Foundation. “But what’s the problem? And how far can you move the dial?”
Maya Goldman, Modern Healthcare:
You will start hearing more about EMATLA. EMTALA is a federal law that requires healthcare providers to provide life-saving or health-saving emergency care. @CMSGov Today’s guidance makes it clear that EMCALA takes precedence over state law restricting access to abortion: https: //t.co/JX6CJvtShL
โ Mayagoldman (@mayagoldman_) July 11, 2022
Guidance is Emergency medical care and labor law, Known as EMTALA. A law enacted in 1986 requires anyone in the emergency department to be treated consistently, regardless of their ability to pay for treatment.
All currently effective abortion bans allow providers to end their pregnancy to save their mother’s life. However, they can be ambiguous, requiring physicians to navigate the complex environments that make up life-threatening conditions. Most abortions are selective rather than urgent. However, some healthcare providers are afraid that they will have to choose between breaking their doctor’s vows or breaking the law. Ariana Grande Juncha Recently reported.
- “With the revision of the law, people who provide certain services are questioning. Just to confirm their direction with the authorities in the hospital, the legal authorities. ” Chip Khan, President of American Hospital Federation, This represents a commercial hospital.
Doctors don’t have to wait for the condition to get worse, and they don’t have to wait for the patient to approach death before intervening, HHS officials told reporters yesterday. EMTALA also allows healthcare providers to terminate their pregnancy if an emergency can significantly impair the patient’s health.
And if you don’t do it when you need it, you will be severely penalized. Hospitals may be fined or launched from a Medicare program.
Lawrence Gostin, Director of the O’Neill Institute for Global Health Law:
applause @SecBecerra At EMTALA. If the health of a pregnant woman is at stake, the hospital must stabilize or treat her. It means managing abortion and miscarriage, even when there are no exceptions to a woman’s health and life.Not taking care is unethical and illegal
โ Lawrence Gostin (@LawrenceGostin) July 11, 2022
But the memo also nodded to this fact: EMTALA cannot prevent doctors from being sued, but it can serve “as a defense against state enforcement measures.” Basically, HHS argues that long-standing federal emergency medical law replaces conflicting state laws that may ban abortion.
“Oh [the guidance] I needed it. ” Diana Nordland, Michigan Emergency Doctors and Spokespersons American university of emergency doctors. “But I don’t consider it a panacea, because, of course, the guidance provided doesn’t completely rule out the possibility of legal action.”
Another ACEP official, Laura WorcesterSaid emergency physicians that “a significant amount of uncertainty remains”, and the trade group is forming a team of medical professionals to investigate the extent of the clinical and legal implications of the post. Said.egg world.
Biden authorities push to provide a second booster shot to all adults
The White House has surged recently, in the post Dan diamond, Raleigh McGinley When Lena H. Sun scoop.
Authorities say they hope to increase access to boosters within two weeks to avoid running out of vaccine doses as the expiration date approaches and the strategy contradicts the administration’s fall booster campaign. increase. The effort could begin in October with a modified vaccine specifically tailored to target Omicron submutants. Rapidly expanding access may also allow boosted people to receive reorganized shots when they become available.
The second boost is currently only available to people over the age of 50 and those with immunodeficiency. But persuading Americans to take another shot can be a difficult battle. 34 percent Received the first booster dose of eligible people.
However โฆ Government officials are concerned about data suggesting that the immune system is weakened within the first few months of the first booster shot. Hospitalization and mortality levels are rising, but remain well below their January peak.
Some outside experts say it’s premature to provide shots to healthy people under the age of 50, saying there isn’t much data to support the strategy.The booster program is backed by the White House Emperor Coronavirus, but requires formal approval from regulatory agencies. Ashish Jar When Anthony S. Forch, The government’s best infectious disease expert.
In an interview with our colleague, Fauci said he was “tilted” to allow a second booster shot for young adults. Food and Drug Administration Nodding from Centers for Disease Control and Prevention.
Federal Surveillance Agency: The CDC needs to improve its way of tracking coronaviruses that have spread through air travel
The Centers for Disease Control and Prevention Following a report yesterday by a government observer that the current data system “needs significant improvement,” we will work to improve the way we track and analyze the spread of the coronavirus on airplanes. .. Bloomberg News Report.
The Government Accountability Office Agency technology tools have been found to be outdated, cumbersome, and prone to inaccuracies, hampering the ability to monitor public health risks and timely alert authorities to potential illness threats. I did.
GAO Recommended CDC redesigning the system This allows you to perform broader and more effective monitoring and then improve contact tracing. In response to the report, the agency said it was working with the Biden administration and Congress to enhance its data capabilities.
Abortion Advocates Submit Michigan Ballot Signature
Michigan voters said the coalition of supporters had submitted a historic number of signatures to the ballot in November to add a constitutional amendment to protect the procedure, and soon after the future of abortion access in the state. I was able to decide.
This effort draws more attention to Michigan’s electionsWhere the vulnerable Democratic Governor and Prosecutor-General of the state have focused their right to abortion on their reelection campaign.
This amendment aims to enshrine the right to make and implement decisions related to contraception, pregnancy, antenatal care and childbirth.
Important context: The push to codify access to abortion occurs after the Supreme Court returns the matter to the state. In Michigan, performing a procedure is almost always a felony in advance.egg Ban. The judge has since temporarily suspended the enforcement of the 1931 law and has so far protected access to abortion.
The 753,759 signatures submitted by the campaign are almost double the required amount. Qualify for a voting initiative. The ballot organizer said last week that he submitted a signature to The Health 202 through a “rigorous check process”, expressing confidence that the proposed amendments meet the criteria for ballot.
The campaign organizer submits a signed petition to the Michigan Contestation Bureau.
Meanwhile, in the United States …
- Arizona: A federal judge has blocked the state’s “personality” law of 2021, which extends all legal rights to the fetus.
- In Minnesota: The judge considered some of the state’s long-standing abortion restrictions unconstitutional and ordered law enforcement agencies to immediately suspend enforcement, including a 24-hour waiting period and the requirement that only doctors perform the procedure. ..
- Utah: A new total ban on abortion will not come into force until a final decision is made as to whether the Trigger Act violates the State Constitution, the judge said yesterday. Under 2019 law, which came into force after the court’s ruling was overturned, the state is banning almost all abortions even after 18 weeks. egg, Salt Lake Tribune Report.
- Mayo Clinic Institute The CDC became the second commercial laboratory in the United States to begin testing monkeypox yesterday as part of an extensive effort to strengthen the United States’ response to the largest outbreak of the virus.
- Sen. Richard Blue Menthol (D-Conn.) Miss the Senate vote this week Test positive Coronavirus will be added to the list of Democrats out this week.
- The New Yorker I was most wary of before was Looks like shrugging the latest coronavirus waves New York Times Report.
How are illegal abortions prosecuted? The 1968 NYPD Manual provides hints. (By Tom Sherman | The Washington Post)
Biden’s response to abortion was curbed by fear of another Supreme Court confrontation (according to Adam Cancryn | Politico)
One in six calls to the National Suicide Prevention Lifeline ends without contacting a counselor (by Brianna Abbott, Josรฉ Luis Martรญnez, Ryan Tracy | The Wall Street Journal)
thank you for reading! I look forward to working with you tomorrow.