The Sconi

The Wisconsin Department of Health Services has reassured residents that hospitals are required to provide lifesaving care for pregnancies under both state and federal laws. This includes abortion care when deemed necessary, as mandated by the Emergency Medical Treatment and Labor Act (EMTALA). The clarification follows a recent statement by the Centers for Medicare and Medicaid Services (CMS) on June 3, which rescinded previous guidance from July 2022 regarding EMTALA enforcement in pregnancy-related cases.

Wisconsin Department of Health Services Secretary Kirsten Johnson emphasized, "There are a number of situations in which an individual who is pregnant may face a health care emergency and the only option may be emergency abortion care." She added, "This federal update does not change anything in Wisconsin, and we want people to know they will continue to be protected if they need to go to the emergency room during pregnancy."

Despite CMS's statement, the requirements of EMTALA remain unchanged. Hospitals must provide patients with an examination and stabilizing treatment before any transfer or discharge during an emergency department visit. Wisconsin DHS retains the authority to investigate allegations of non-compliance with EMTALA, ensuring that hospitals provide necessary emergency abortion care regardless of state law.

For those seeking information or support regarding their pregnancy, resources are available through the Well Badger Resource Center. Media inquiries can be directed to DHSMedia@dhs.wisconsin.gov.

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