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#emtala

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Fortgeführter Thread

#HHS can influence whether #hospitals provide #abortion in emergency situations. The Biden admin issued guidance saying that #EMTALA’s requirements that hospitals provide emergency medical care also mean hospitals should provide abortion in cases where a woman’s health or life were at risk. Sen Cortez Masto asked #RFKJr if he believes that EMTALA protects a woman’s right to have an emergency abortion if her #health is threatened, in the case of an incomplete miscarriage, for example.
#law #USpol

Fortgeführter Thread

#RFKJr is clearly flustered by this exchange. His go-to response when challenged about his about-face seems to be simply that he agrees w/ #Trump that “every abortion is a tragedy”

Sen Catherine Cortez-Masto, (D), trips RFKJr up on a question about #EMTALA, the federal #law that requires hospitals that receive #Medicare funding to provide emergency care to anyone in a life-threatening crisis—including #abortions for pregnant women. RFKJr confesses he does not know what authority he would have.

Fortgeführter Thread

#Abortion rights groups & #medical experts called the #Idaho decision a preliminary victory that did not settle the broader question of whether a federal emergency-care #law preempts strict state #AbortionBans.

In both Idaho & #Texas, the #Biden admin asserted that federal law #EMTALA mandates emergency abortion care when it is the only treatment that can save a pregnant woman’s life or prevent serious harm to her health, including…organ failure or loss of fertility.

The Georgia hospital that failed to save #Amber #Thurman
may have broken a federal law
🔥when doctors there waited 20 hours to perform a procedure criminalized by the state’s abortion ban,
according to Sen. Ron Wyden, chair of the Senate Finance Committee.

The Emergency Medical Treatment and Labor Act, or #EMTALA, requires hospitals to provide emergency care to stabilize patients who need it
— or transfer them to a hospital that can.

Passed nearly four decades ago, the law applies to any hospital with an emergency department and that accepts Medicare funding,
which includes the one Thurman went to, Piedmont Henry in suburban Atlanta.
The finance committee has authority over the regulatory agency that enforces the law.
In a letter sent Monday, Wyden, an Oregon Democrat, cites ProPublica’s investigation into Thurman’s #death,
which was found #preventable by a state committee of maternal health experts.
The senator’s letter asks Piedmont CEO David Kent whether the hospital has delayed or denied emergency care to pregnant patients since Georgia’s abortion ban went into effect. (Kent did not respond to requests for comment.)

“It is my duty to conduct oversight of potential violations of patients’ rights under these laws,” Wyden wrote.
The senator asked for the hospital’s policies covering treatment of patients with emergencies that require abortion care.
He also asked for a list of personnel involved in making those decisions.
He gave the hospital a deadline of Oct. 24 to provide those and other requested records and answers.

Wyden sent the same letter citing ProPublica’s reporting on Thurman to ⚠️seven hospitals in North Carolina, Florida, Missouri, Louisiana and Texas.
♦️One letter seeks information from a Texas hospital where Yeniifer Alvarez-Estrada Glick died in 2022 from complications of pregnancy including hypertension, as reported by The New Yorker.
♦️Other letters seek information from hospitals where women have reportedly been turned away or experienced delayed care.
The hospitals’ answers could lead to proposed legislation or executive actions to strengthen compliance.
The federal Centers for Medicare and Medicaid Services investigates complaints and can take actions including levying fines against hospitals that violate EMTALA.

Wyden’s committee plans to hold a hearingon Tuesday,
saying in a news release it will
💥 “examine how Donald Trump’s successful overturn of Roe v. Wade and subsequent state abortion bans have threatened access to life-saving medical care for women nationwide.”

propublica.org/article/amber-t

ProPublicaDid a Georgia Hospital Break Federal Law When It Failed to Save Amber Thurman? A Senate Committee Chair Wants Answers.Thurman died after waiting 20 hours for emergency care under the state’s abortion ban. Sen. Ron Wyden demanded records his committee could review to determine whether the hospital violated the law. “It’s not even a question,” one expert said.

EMTALA was put through the Senate in the 80s (by Bob Dole of all people) as a means of ensuring that in-need individuals got lifesaving care. I’m not sure what he imagined for later but what we have is a radical GOP almost 40 years later trying to force their abortion agenda all of us.

All I know it’s that I’m voting for the administration that supports patient rights. #EMTALA #SCOTUS #abortion

Biden-Harris Administration Reaffirms Commitment to EMTALA Enforcement-
hhs.gov/about/news/2024/07/02/

HHS.gov · Biden-Harris Administration Reaffirms Commitment to EMTALA EnforcementCMS also announces creation of Spanish-language resources for filing EMTALA complaints
Fortgeführter Thread

“So, as of today, the Court has not adopted #Idaho's farfetched theories-but it has not rejected them either.
“Instead, the Court puts off the decision. But how long must pregnant patients wait…? Until we confront the pending petition…the Govt filed w/us after the #FifthCircuit enabled Texas's flouting of #EMTALA? Until these very cases return to us in a few yrs? Will this Court…have a do-over, rehearing & rehashing the same arguments…,just at a comparatively more convenient point in time?

5/

Fortgeführter Thread

“Despite clarity of the #legal issue & the dire need for an answer…,today 6 Justices refuse to recognize the rights #EMTALA protects.…The majority opts, instead, to dismiss these cases. But storm clouds loom….3 Justices suggest…that #States have free rein to nullify #FederalLaw.…& 3 more decline to disagree w/those dissenters on the #merits.…The latter group offers only…that 'petitioners have raised a difficult & consequential argument' about Congress's authority under the Spending Clause.…

4/

Fortgeführter Thread

Here is a copy of the *accidentally* posted #SCOTUS ruling on #MoyleVUnitedStates - the case on whether an #Idaho #abortion #law conflicts w/ the federal Emergency Medical Treatment & Active Labor Act (#EMTALA)

assets.bwbx.io/documents/users

Justice #KetanjiBrownJackson’s opinion, concurring in part & dissenting in part, begins on p8.

Let’s talk about #EMTALA for a sec. If you’re familiar w/ it at all it’s prob from seeing it mentioned in a sign on an ER wall.

Few yrs back, my wife damn near died (kidney) when we had no #healthinsurance and that law (and good docs) saved her life.

U can (could at the time) get free birth control from clinic on UAlbany campus. But #emergency CT scan, ur SOL.

Current #scotus args say they’re abt abortion but BS.

If those mfs can overturn EMTALA, emerg healthcare…

Fortgeführter Thread

US Sol Gen #Prelogar, who argued on behalf of the #Biden admin: "the situation on the ground in #Idaho is showing the devastating consequences" of the conflict between #EMTALA & Idaho's #AbortionBan.

"One #hospital system in Idaho says that right now it's having to transfer #pregnant #women in #medical #crisis out of the state about once every other week. That's untenable & EMTALA does not countenance it."

Fortgeführter Thread

The *justices* heard arguments in an appeal by #Idaho ofcls of a lower court's ruling that found that the 1986 US law at issue, the #EmergencyMedicalTreatment & Labor Act (#EMTALA), supersedes the state's near-total #ban in the relatively rare circumstances when the 2 conflict.

President Joe #Biden's admin, which sued Idaho over the #abortion #law, has urged the justices to uphold that ruling.

Anti-abortion states are targeting an emergency healthcare law.

Will the supreme court side with them?

Supreme Court Justices are to rule whether abortion bans should undo Emtala,
the Reagan-era law requiring hospitals to treat emergency patients

👉One of the only universal rights to healthcare in the US is to be treated in the emergency room
– a place where doctors are required to stabilize patients if their future health or life is in serious jeopardy.

That right, guaranteed by the 🔸Emergency Medical Treatment and Labor Act, 🔸known across the country by healthcare professionals as #Emtala,
was borne out of what was once a common practice called
“patient dumping”
– transferring patients who could not pay from private hospitals to public counterparts, even in emergency situations.

theguardian.com/law/2024/apr/2

The Guardian · Anti-abortion states are targeting an emergency healthcare law. Will the supreme court side with them?Von Jessica Glenza
Fortgeführter Thread

#RAGA had an arm called the "Rule of Law Defense Fund,"
deployed
to do #robocalls, to
👉urge people to go to the Jan. 6 events that Trump said would be wild, to go there on the day that Congress was supposed to be certifying the election, as he was mounting this intimidation campaign against [Vice President Mike] Pence, unleashing his followers to assail him.

And this is in the context of weeks of efforts by Trump and his lawyers and advisers --- trying to help him execute a coup.

You had the #state #attorneys #general actively involved in some of this litigation to try ⭐️to stop other states from certifying the election. ⭐

The group itself through this "Rule of Law Defense Fund" was actively involved in ♦️peddling the big lucrative lie about the election ♦️to push people to go to the mall on Jan. 6.

There was sort of shock and horror that a group of state attorneys general would be involved in trying to aid the precursor events to the violent insurrection at the Capitol.

And big companies 👍said they weren’t going to fund RAGA. 👍

And so 🔸for a moment there,🔸 there was a bright light shining on RAGA and on the events around the capital and these AGs.

💥But then months later, some of those companies came back to fund RAGA.

The #accountability light was ON and then OFF for the companies that were funding RAGA in 2020.

In addition to #Leonard #Leo’s network, #Koch Industries, #Comcast, #Walmart, #Home Depot, #Amazon, #TikTok, 1-800-CONTACTS, #Chevron, the #NRA, #Monsanto, #Facebook, Fox, #Uber, #Coca-#Cola, #Exxon, and #Google were some of the main funders of it.

Of course it didn’t last.

Leonard Leo continues to be the biggest subsidizer of RAGA through the money that is coming through his network,

but it’s also the case that they’re facing 🔹no consequences,
basically allowing them to just get away with it. 🔹

There’s been💥 no consequence for them, and the Rule of Law Defense Fund still exists. 💥

RAGA still exists, and many of these attorneys general have been actively involved in other efforts that make it
🔥harder for Americans to vote, and they may well be involved this fall in
🔥a repeat of 2020 in terms of their efforts to protect Trump at any cost.

#Heidi#Przybyla#amicus
Fortgeführter Thread

Republican attorneys general decided to create their own attorney general association to pursue their own agenda and actually raise money from industries that they were supposed to regulate in order to fund this operation, which was designed to fuel their campaigns.

The history is deeply embedded in antipathy to public regulation, government regulation of industries that have literally killed thousands, if not millions, of Americans in the form of the tobacco industry, for example.

#RAGA#Leonard#Leo

One of the greatest destabilizers of democracy that almost nobody knows about is a little tax-exempt group called #RAGA,
which stands for the "Republican Attorneys General Association".
It represents more than half the states’ chief legal officers, and its members are on the front lines of pretty much every single important legal movement in the country.
Its moves and funding are directed, of course, by everyone’s favorite little Monopoly Man Money Guy, #Leonard #Leo.
Yet the group receives almost no sustained public attention or accountability.
Recently, #Heidi #Przybyla at Politico reported on how RAGA tried to run a D.C. official who had dared investigate Leo out of office.
🔥 Once you actually train your focus on RAGA, they tend to pop up everywhere, over and over again. 🔥
👉The group was behind #amicus #briefs in the outrageous social media case #Murthy v. #Missouri.
👉They are driving the efforts to get around federal emergency treatment laws for #abortion in the forthcoming #EMTALA cases.
👉They’re pushing for Texas-style S.B. 4 legislation in several states.
And that doesn’t even get you to the whole raft of RAGA interventions when it came to trying to🔸 overturn the results of the 2020 election.🔸

slate.com/news-and-politics/20

Slate · The Low-Key Republican Officials Quietly Dismantling All of Our RightsVon Dahlia Lithwick