Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., reaffirmed the federal government’s commitment to enforcing the Emergency Medical Treatment and Labor Act (EMTALA), including for pregnant individuals facing emergency medical conditions, in a June 13 letter to health care providers.
The letter follows HHS’ recent rescission of two prior guidance memoranda (QSO-21-22-Hospitals and QSO-2222-Hospitals) but makes clear that EMTALA remains in full effect. Secretary Kennedy emphasized hospitals’ legal obligations under EMTALA to provide a medical screening examination and necessary stabilizing treatment or, if appropriate, to transfer the patient for all individuals presenting to the emergency department, including those experiencing obstetric emergencies.
The letter clarified that EMTALA preempts any state laws that directly conflict with these federal requirements and urged providers not to rely on inaccurate state law interpretations that could delay care. The department also pledged continued enforcement to ensure timely access to emergency stabilizing care for all pregnant patients.
Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.
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