Trump Administration Reverses Biden’s Hospital Abortion Guidance

The Trump administration has overturned a directive from the Biden government that instructed hospitals to provide abortions when medically necessary, even in states where abortion is restricted or banned. This decision, announced by an appendix of the U.S. Department of Health on Tuesday (June 3), nullifies a July 2022 guideline issued shortly after the Supreme Court overturned Roe v. Wade, which had guaranteed federal abortion rights for over 50 years. The specific guidance aimed to preserve certain protective measures for abortion through the interpretation of a 1986 law on emergency medical care provision. In 2022, Health Secretary Xavier Becerra sent a letter informing hospitals and doctors that providing emergency medical care could include abortions and removal of ovaries, even in states with bans or restrictions on voluntary pregnancy termination. However, the Trump administration reversed this guidance on Tuesday, stating it ‘does not reflect the policy of this administration.’ The Centers for Medicare and Medicaid Services (CMS) clarified in its announcement that the 1986 law remains in effect. ‘Patients, including pregnant women, enjoy all the rights and protections provided by this federal legislation,’ they explained. The reversal of the guidance ‘essentially allows Republican U.S. hospitals to deny admission to pregnant women at risk,’ said Lawrence O. Gostin, a health law expert at Georgetown University. Following the overturning of Roe v. Wade, states now have the right to decide on abortion issues, with 13 having banned voluntary pregnancy termination and many others imposing strict restrictions.