Wisconsin DHS Reaffirms Commitment to Emergency Abortion Care Under Federal Law
June 18, 2025
Contact: DHS Media, 608-266-1683
The Wisconsin Department of Health Services (DHS) is reminding residents that hospitals are obligated to provide lifesaving care during pregnancy emergencies, which may include abortion services, as required by the Emergency Medical Treatment and Labor Act (EMTALA). This clarification follows a recent announcement from the Centers for Medicare and Medicaid Services (CMS) concerning the rescission of a previous guidance related to EMTALA enforcement.
“There are a number of situations in which an individual who is pregnant may face a health care emergency and the only option may be emergency abortion care,” stated Kirsten Johnson, Secretary of the Wisconsin DHS. She emphasized that the federal update does not alter existing protocols in Wisconsin and reassured the public of continued protection for those seeking emergency room services during pregnancy.
Although CMS has adjusted its guidance, the core obligations under EMTALA remain unchanged. The act mandates that hospitals provide necessary examinations and stabilizing treatments during emergency visits before proceeding with any transfer or discharge. The Wisconsin DHS retains the authority to investigate non-compliance with EMTALA, ensuring that hospitals adhere to the requirement of providing emergency abortion care, irrespective of state laws.
Individuals seeking guidance, support, or resources related to pregnancy can reach out to the Well Badger Resource Center.
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