The January 30, 2025 issue of the New England Journal of Medicine contains an article entitled “Providing Interstate Telehealth Abortion Services to Patients in Restrictive States.” In the second sentence, the authors write: “The complexities of telehealth regulation in the United States often result in areas of liability and concern for clinicians providing
On January 2, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the Texas District Court’s ruling allowing Texas to ban emergency abortions in spite of the Emergency Medical Treatment and Active Labor Act (EMTALA). Following a preliminary injunction blocking the U.S. Department of Health and Human Services (HHS) from enforcing the
The Supreme Court of South Carolina has ruled that the state constitutional protection against “unreasonable invasions of privacy” includes a woman’s right to choose an abortion. In Planned Parenthood South Atlantic v. State of Carolina, the Court found that the Fetal Heartbeat and Protection Act violated Article I, Section 10, of the South Carolina
In today’s post-Roe world, women living in states where abortion is illegal have begun to search for alternative options when seeking abortion services. Regulatory policies and state laws, which have not previously had to account for these alternatives, are now impacted by the unprecedented means being used to increase access.
At present, more than
On the heels of the Dobbs decision overruling Roe v. Wade, President Joe Biden directed the Secretary of Health and Human Services (HHS) to provide guidance under the Health Insurance Portability and Accountability Act (HIPAA) and other statutes to protect reproductive rights and abortion access by strengthening “the protection of sensitive information related to reproductive
In response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the resulting laws enacted in several states to prohibit abortions, New Jersey has passed new laws designed to protect individuals who visit New Jersey seeking reproductive healthcare services, in addition to the medical providers who provide them with care
On July 11, 2022, at the direction of the U.S. Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to State Survey Agency Directors reminding them of their continuing federal obligations under the Emergency Medical Treatment and Labor Act (EMTALA) when treating pregnant patients.
The guidance
The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Clinic that overruled the nearly 50-year-old precedent of Roe v. Wade, which had recognized a constitutional right of a woman to terminate a pregnancy, opens the way for greater restrictions on abortions at the state level. Before the Dobbs decision was released, Texas had
The American Medical Association (AMA) website reported on AMA President Jack Resneck Jr., M.D.’s July 19, 2022 testimony before the House Committee on Energy and Commerce Subcommittee on Oversight and Investigations on the impact of the SCOTUS Dobbs decision on physicians and patients. Dr. Resneck highlights how, in the AMA’s view, physicians are now placed
Following the historic U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade and Planned Parenthood v. Casey, attorneys and legal scholars are anticipating an avalanche of legal and practical issues emanating from the fact that there is no longer a federal constitutional right to obtain an abortion. Vesting