Policy Analysis:

Trump Administration Executive Actions

Association Files Amicus Brief to Uphold Emergency Medical Decision-Making

March 25, 2024
Julie Kozminski

On March 18, America’s Essential Hospitals, along with the American Hospital Association and the Association of American Medical Colleges, filed an amicus brief in the U.S. Supreme Court to ensure that emergency department physicians can rely on their medical judgment in providing stabilizing services to pregnant patients with emergency medical conditions.

In the consolidated cases, Idaho v. U.S. and Moyle v. U.S., the court will take up the question of whether the Emergency Medical Treatment and Active Labor Act (EMTALA) preempts an Idaho law making it a crime to terminate pregnancies, with limited exceptions to save the life of the pregnant patient but not to avoid serious impairment to their health or bodily functions or organs.

The associations’ brief explains the profound consequences of threatening criminal penalties for clinicians providing stabilizing care that is medically necessary and required under EMTALA. It also warns of the dangers of allowing prosecutors, courts, and juries to second-guess the medical judgment of providers making split-second decisions in emergency situations. The case is scheduled for oral argument on April 24, and a decision is expected by late June.

Contact Director of Policy Rob Nelb at rnelb@essentialhospitals.org or 202-585-0127 with questions.

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