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
Dobbs v. Jackson Women’s Health Organization
HHS Invests Funds to Research Improvements in Reproductive Health
In the 100 days since Dobbs v. Jackson Women’s Health Organization was decided, the abortion bans that have gone into effect in more than a dozen states have resulted in nearly 30 million women of reproductive age now living in a state where abortion services are banned. In response, the federal government has continued its…
Questions Persist Regarding Protection of Abortion-Related Information When Considering HIPAA, State Laws, and Ethical Considerations
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…
New Jersey Takes Proactive Steps in Response to Dobbs Decision
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…
In Wake of Dobbs, CMS Reminds Healthcare Providers of Continuing Federal Obligations Under EMTALA When Treating Pregnant Patients
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…
Effect of Enforcement of Post-Dobbs State Law Abortion Restrictions Extend Beyond the Borders of the State
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…
AMA President Resneck Testifies before House Committee on Impact of SCOTUS Dobbs Decision on Providers and Patients
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…
Three Issues to Consider When Assessing the Impact of the U.S. Supreme Court’s Decision in Dobbs v. Jackson Women’s Health Organization
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…