Brown Quoted on Abortion Services Under EMTALA

The Washington Post
Partner Lowell Brown was quoted on hospitals’ and other medical providers’ ability to perform abortions under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) in states with strict abortion restrictions.

An Idaho state law bans abortion except in cases involving rape or when a pregnant person’s life is in danger. A federal court is deciding whether this law violates EMTALA, which requires hospitals participating in federal Medicare provide necessary, health-stabilizing treatment to all patients, including abortion.

Lowell noted that some hospitals in states with strict abortion laws are concerned about how to navigate the state laws and EMTALA.

“Federal law is clear,” Lowell said. “[Doctors and hospitals] are sort of between a rock and a hard place. They have to comply with federal law, but they are facing prosecution if they do not comply with state law.”

Read the full article here.

Read more about ArentFox Schiff’s Reproductive Health Task Force here.


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