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The federal government has launched an investigation after a Missouri hospital allegedly denied abortion services during a medical emergency.
In October, the Missouri Department of Health and Senior Services launched an investigation after doctors at Freeman Hospital West in Joplin, Missouri denied abortion services to a woman, violating the federal Emergency Medical Treatment and Active Labor Act, according toKaiser Health News.
The investigation involves 41-year-old Mylissa Farmer, whose water broke at nearly 18 weeks pregnant, causing bleeding and cramping, the outlet reports. After visiting Freeman Hospital on Aug. 2, physicians reportedly said her pregnancy was no longer viable and needed to be terminated as Farmer faced risks of serious infections.
After her doctors consulted with the hospital’s lawyers, Farmer said she was told the hospital could no longer terminate her pregnancy due to the state’s abortion ban.
Missouri’s current abortion law criminalizes abortions after eight weeks of pregnancy. No exceptions are made for victims of rape or incest, though exceptions are allowed for medical emergencies, such as when a mother’s life is at risk, or she is facing serious permanent injury.
However, doctors and hospital lawyers allegedly determined that Farmer did not qualify as an exception, KHN reports. “My doctors said it was an emergency, and I felt it was an emergency,” Farmer told the outlet.
After several hospitals told her the pregnancy was not viable and her life was at risk, Farmer explained that she eventually went across state lines and underwent the procedure to end her pregnancy in Illinois.
Physicians who violate the law could face prosecution and have their license revoked. The federal Centers for Medicare & Medicaid Services will reportedly not disclose details of the investigation until it’s completed and penalties are finalized.
In July, the Biden Administration made it clear that doctors are required to follow federal law when it comes to providing abortion services despite state trigger laws after the Supreme Court’sdecision to overturnRoe v. Wade.
At the time, the U.S. Department of Health and Human Services (HHS) announced aclarifying guidancestating that federal law preempts state abortion bans in cases of medical emergencies — when the mother’s life is at risk.
In a release, HHS Secretary Xavier Becerra citedrequirementsfrom the Emergency Medical Treatment and Active Labor Act (EMTALA).
“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” Becerra said in a statement. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”
source: people.com
