Navigating EMTALA Rules
Compliance Perspectives: Healthcare Compliance at the Border
Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more
On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more
The Supreme Court of the United States issued four decisions today: Moyle v. United States; Idaho v. United States, Nos. 23-726, 23-727: After granting certioriari to decide whether the Emergency Medical Treatment and...more
On June 27, 2024, the U.S. Supreme Court decided Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, holding the writs of certiorari before judgment granted to hear the cases were improvidently...more
The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more
Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more
The Office for Civil Rights (“OCR”) at the Department of Health and Human Services (“HHS”) recently issued final regulations (“Reproductive Health Care Rule”) under the Health Insurance Portability and Accountability Act of...more
The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more
As we’ve discussed in previous alerts (here and here), after the Supreme Court’s Dobbs decision, which eliminated the federal constitutional right to abortion and returned the question of abortion regulation to the states,...more
The United States Supreme Court ended the Emergency Treatment and Active Labor Act (“EMTALA”) exception to Idaho’s total abortion ban for now. The net effect is that Idaho’s criminal abortion ban now applies even in EMTALA...more
At least for the foreseeable future, Idaho’s total abortion ban is unenforceable to the extent it conflicts with the federal Emergency Treatment and Active Labor Act (EMTALA). In other words, when EMTALA applies, a physician...more
The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622. In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more
On May 1st, the Centers for Medicare and Medicaid Services (CMS) announced investigations into two hospitals that did not provide necessary stabilizing treatment to a pregnant individual experiencing an emergency medical...more
One year ago, the Supreme Court overturned Roe v. Wade and the decades of decisions that had followed it, resting authority to regulate or prohibit abortion with the citizens of each state. But one year after Dobbs, the legal...more
On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more
On April 17, 2023, OCR published a proposed rule (the Proposed Rule) that would expand protections for reproductive health information under the Health Insurance Portability and Accountability Act (HIPAA). The Proposed Rule...more
The Idaho legislature has amended Idaho’s abortion laws. This health law update briefly summarizes key changes and updates our FAQs to address the new developments. Total Abortion Ban. The Idaho legislature addressed...more
In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a...more
On 10 March 2023, the U.S. Department of Justice (the DOJ) appealed to the Fifth Circuit Court of Appeals an amended final decision by the Northern District of Texas (the Texas District Court) that struck down U.S. Department...more
On January 5, 2023, the Idaho Supreme Court upheld Idaho's near-total abortion ban (I.C. § 18-622), Idaho's fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. §...more
On January 5, 2023, the Idaho Supreme Court upheld Idaho’s near Total Abortion Ban (I.C. § 18-622), its 6-Week Abortion Ban (I.C. 18-8804 to -8805), and its related Civil Liability Law (I.C. § 18-8807). Planned Parenthood v....more
The Centers for Medicare & Medicaid Services (CMS) released to the public on Dec. 5, 2022, new training materials (Training Materials) on the Emergency Medical Treatment and Labor Act (EMTALA) consisting of a new, high-level...more
Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series,...more