The suit seeks to block the US Department of Health and Human Services from using the Emergency Medical Treatment and Active Labor Act (EMTALA) to require hospitals to perform abortions.
HHS cited the Emergency Medical Treatment and Labor Act which requires medical facilities to determine whether a person seeking treatment may be in labor or whether they face an emergency health situation — or one that could develop into an emergency — and to provide treatment.
The department said emergency conditions include "ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features." In Texas, Senate Bill 8 is already in effect and bans abortions once a heartbeat is detected, which is about six weeks. However, there are currently questions surrounding the legitimacy of a 1925 law that criminalized abortion. While a Texas judge ordered last month that clinics didn't have to abide by that law and could perform abortions up to six weeks, theIt is also unclear exactly when the state’s trigger law, which bans all abortions with some exceptions, will go into effect.
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