New Jersey Attorney General Matthew J. Platkin has led a coalition of 22 Attorneys General in issuing a letter to the American Hospital Association. The letter reminds hospitals of their obligation under the Emergency Medical Treatment and Active Labor Act (EMTALA) to provide emergency abortion care when necessary to stabilize a pregnant patient with an emergency medical condition.
This action follows the Trump Administration's decision to revoke prior guidance that emphasized this obligation. The coalition's letter, issued on the third anniversary of the Supreme Court's decision overturning Roe v. Wade, stresses that despite the rescission of guidance, hospitals must still comply with EMTALA.
Attorney General Platkin stated, "We will never waver in protecting the right to access abortion care. Despite the Trump Administration’s reckless decision to rescind its guidance on EMTALA, we are reminding hospitals across the country that federal law still compels them to provide pregnant patients with emergency abortion care."
The Trump Administration’s Centers for Medicare and Medicaid Services (CMS) had rescinded guidance on May 29, 2025, which was initially issued in 2022 following the Supreme Court's decision overturning Roe v. Wade. This guidance had reminded hospitals of their obligations under EMTALA.
The Attorneys General clarify that this rescission does not change hospitals' responsibilities under EMTALA. They emphasize that hospitals must provide abortion care if it is necessary to stabilize pregnant patients with conditions such as ectopic pregnancy or preeclampsia, regardless of state laws limiting abortion access.
The letter highlights that non-compliance with EMTALA can lead to severe consequences for pregnant patients, including increased risk of death and other irreparable harms.
Joining Attorney General Platkin in sending this letter are Attorneys General from California, New York, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington and the District of Columbia.
