Attorney General Tong Joins Multi-State Letter Reminding Hospitals of Their Obligation to Provide Access to Emergency Abortion Care Under Federal Law

Press Releases

06/26/2025

Attorney General Tong Joins Multi-State Letter Reminding Hospitals of Their Obligation to Provide Access to Emergency Abortion Care Under Federal Law

Attorney General Tong Reaffirms Commitment to Protecting Access to Reproductive Health Care as Trump Administration Rescinds Guidance on Emergency Medical Treatment and Active Labor Act (EMTALA)

(Hartford, CT) – Attorney General William Tong this week joined a coalition of 22 attorneys general issuing a letter to the American Hospital Association reminding hospitals of their obligation to comply with the Emergency Medical Treatment and Active Labor Act (EMTALA). The letter responds to the Trump Administration’s recent decision to revoke prior guidance that underscored the obligation of covered hospitals to provide emergency abortion care under EMTALA.

“Trump has zero medical knowledge and has demonstrated little to no regard for the health and safety of women and patients, or the professional expertise of doctors. When patients arrive at hospitals with life threatening conditions, the law says emergency departments must provide stabilizing care, including abortion care if necessary. There’s no time or room to consult meddling politicians. Our goal in this letter is to provide clarity to doctors and hospitals so that they can continue to do their jobs and save lives,” said Attorney General Tong.

Since it was enacted in 1986, EMTALA has required Medicare-participating hospitals to provide access to abortion care when it is the treatment necessary to stabilize a pregnant patient who presents with an emergency medical condition. The letter, which is being issued following the third anniversary of the Supreme Court’s decision overturning Roe v. Wade, underscores that the Trump Administration’s rescission of prior guidance does not change hospitals’ obligation to comply with EMTALA’s requirement to provide emergency abortion care.

In this past legislative session, Connecticut strengthened its own state statutes regarding access to emergency medical care, clarifying that in cases where there is serious risk to a patient’s life or health, emergency medical care to stabilize a patient includes the reproductive healthcare services that are legal in this state, which would include abortion. This includes necessary care related to miscarriage management and treatment for ectopic pregnancies, among other conditions.

On May 29, 2025, the Trump Administration’s Centers for Medicare and Medicaid Services (CMS) rescinded guidance on EMTALA that had been issued in 2022 in the wake of the Supreme Court’s decision overturning Roe v. Wade. The 2022 guidance reminded covered hospitals that they were required under EMTALA to provide access to emergency abortion care.

The attorneys general explain in their letter that the Trump Administration’s rescission of the 2022 guidance does not alter hospitals’ obligations under EMTALA. In today’s letter, the attorneys general underscore that EMTALA requires hospitals to provide access to abortion care if it is the treatment necessary to stabilize pregnant patients with an emergency medical condition, regardless of whether the state in which they operate has passed laws limiting abortion access. Emergency medical conditions that require stabilizing abortion treatment can include, but are not limited to, ectopic pregnancy, traumatic placental abruption, preeclampsia, hemorrhaging, amniotic fluid embolism, and hypertension.

As the letter explains, the Trump Administration cannot change the law unilaterally, and EMTALA continues to remain in full force and effect throughout the country.

The letter also explains that continued compliance with EMTALA’s requirements is critical because of the devastating harms that result from denying abortion care to pregnant patients in emergency medical situations. The letter points out that the denial of this essential care increases the risk of death for pregnant patients and can cause irreparable harms, including hysterectomy, fertility loss, kidney failure, brain injury, and limb amputation.

Today’s letter reaffirms the coalition’s commitment to ensuring that hospitals subject to EMTALA comply with the law and their commitment to protecting pregnant patients across the country.

Attorney General Tong joins the attorneys general of New Jersey, California, New York, Arizona, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia in sending this letter.

Twitter: @AGWilliamTong

Facebook: CT Attorney General

Media Contact:

Elizabeth Benton
elizabeth.benton@ct.gov

Consumer Inquiries:

860-808-5318
attorney.general@ct.gov