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On Anniversary of Roe Decision, Biden Tells Congress: 'Let Doctors Do Their Job'

— Administration promises EMTALA enforcement, better access to birth control

MedpageToday
A screenshot of President Joe Biden speaking during the press conference.

The Biden administration announced to protect and defend access to abortion and other reproductive services on the 51st anniversary of the Roe v. Wade decision.

"Congress must codify Roe v. Wade for all the states in America," Biden said at a press briefing Monday. "Stop playing politics with a woman's life and freedom; let doctors do their job."

The administration held the fourth meeting of the at the White House on Monday, while Vice President Kamala Harris launched the "Fight for Reproductive Freedoms" tour .

"Fifty-one years ago today, the Supreme Court recognized a woman's constitutional right to make deeply personal decisions with her doctor -- free from the interference of politicians," Biden said in a press statement. "Then, a year and a half ago, the Court made the extreme decision to overturn Roe and take away a constitutional right. As a result, tens of millions of women now live in states with extreme and dangerous abortion bans."

"In states across the country, women are being turned away from emergency rooms, forced to to seek permission for the medical attention they need, and made to travel hundreds of miles for healthcare," he continued.

Despite voters having "resoundingly rejected attempts to limit reproductive freedom," in states including Ohio, Kentucky, Michigan, and California, Republican lawmakers are trying to advance a federal ban on abortion, Biden said.

The administration also announced new measures aimed at bolstering contraception access, reinforcing health insurer requirements to cover contraception, and strengthening awareness among patients and health providers about their "rights and obligations" to emergency medical care.

EMTALA

The administration underscored its goal of ensuring that those experiencing pregnancy loss, or other related emergencies, have access to services under the Emergency Medical Treatment and Labor Act (EMTALA).

"The administration has long taken the position that the required emergency care can, in some circumstances, include abortion care," noted a .

To increase patient awareness around EMTALA and to "help hospitals meet [their] obligations" under the law, HHS and CMS together are taking action to provide new resources to these groups, the fact sheet noted. Specifically, the agencies will:

  • Disseminate resources detailing patients' rights and protections under EMTALA, and information regarding how to submit a complaint to HHS if denied emergency care
  • Work with hospitals to share training materials related to healthcare providers' obligations under EMTALA
  • Gather stakeholders from hospital and provider associations to explore "best practices and challenges" related to compliance with EMTALA
  • Build "a dedicated team of HHS experts" to provide capacity in helping hospitals to comply with EMTALA

The (DOJ) is currently defending its position on the law before the Supreme Court, with a ruling expected in June.

Boosting Contraception Access

On contraption access, the departments of the Treasury and Labor, along with HHS, will issue new guidance to "clarify standards and support expanded coverage of a broader range of FDA-approved contraceptives" available at no cost under the .

The Office of Personnel Management is also expected to advance measures to support access to contraception among federal workers, retirees, and their families by issuing guidance to any insurer participating in the Federal Employee Health Benefits Program and requiring any new participants to inform patients about their contraception benefits.

HHS Secretary Xavier Becerra is sending letters to private insurers, Medicaid and Children's Health Insurance Programs, and Medicare regarding their "obligations" to cover contraception benefits. Those letters will underscore agency efforts to expand coverage and improve payment for contraceptives including for Medicare beneficiaries and women with disabilities.

"Abortion is healthcare. Contraception is healthcare. And healthcare decisions should be made by a patient with her doctor, not by politicians," said Becerra in a press statement. "No American who believes in freedom should accept anything less."

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    Shannon Firth has been reporting on health policy as ֱ's Washington correspondent since 2014. She is also a member of the site's Enterprise & Investigative Reporting team.