Colorado Bill Needed Because State Law is Silent, Trump Administration Will No Longer Enforce Federal Law

Denver – SB25-130, Providing Emergency Medical Services a bill that would guarantee access to abortion care in Colorado emergency rooms, passed a key second reading vote on the Senate floor today. It now moves to a final, third reading vote in the Senate. The Colorado state bill is necessary because the Trump Administration recently announced that it will no longer enforce the federal Emergency Medical Treatment and Labor Act (EMTALA).

SB 25-130 is sponsored by Senadora Julie Gonzales and Senator Mike Weissman in the Senate and Representatives Meg Froelich and Lorena Garcia in the House. The legislation now includes enforcement mechanisms that ensure Colorado isn’t beholden to the Trump Administration when enforcing laws related to emergency medical service, including abortion care. Colorado is the first state in the nation to have independent enforcement of this federal law, as we continue to lead the country in reproductive healthcare access.

“Once again, Colorado is stepping in to demonstrate leadership and guarantee abortion access, reflecting the will of Colorado voters,” said Cobalt President Karen Middleton. “With the federal government abandoning its commitment to enforce federal law and nothing protecting pregnant people in the ER in Colorado law, this bill is critical to ensuring patients in the ER can get the health care they deserve.”

SB 25-130, requiring Colorado hospitals to provide emergency room abortion care to protect a patient’s life or health, is necessary because there is nothing on the books in Colorado state law, and the federal law is currently tied up in the courts, with the outcome uncertain. The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires hospitals to provide emergency care to anyone who needs it, regardless of their insurance status or ability to pay. This may include abortion care when medically indicated.

States with abortion bans – most notably Idaho and Texas – have challenged the law and argued in court that their state abortion bans override EMTALA. The Supreme Court effectively left EMTALA in legal limbo in Moyle vs United States, and the Trump Administration has announced it is no longer pursuing the case against Idaho for refusing to provide abortion care in the emergency room.

SB 130 will put protections in place in Colorado for abortion and miscarriage care in the ER, regardless of what happens with significant federal uncertainty. This ensures Colorado patients will receive the same high-quality care they have come to expect, and emergency providers don’t need to seek legal counsel while providing appropriate medical treatments.

It will require emergency care be provided to all patients in Colorado; prohibit denial or discrimination of emergency care based on a patient’s ability to pay, type of care needed, or other characteristics protected under Colorado law; prohibit emergency departments from transferring or discharging a patient for non-medical reasons; and ensure stabilizing care is provided, including to preserve future fertility and health.

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Cobalt is a grassroots, statewide Colorado organization that advances abortion access and reproductive rights. Our organization began in 1967 when Colorado became the first state to allow safe, legal abortion. Cobalt believes nothing should stand between you and your health decisions, which is why we are dedicated to fighting for systems, structures and policies that protect reproductive rights and guarantee comprehensive, universal access to reproductive healthcare, including abortion.