ABORTION CARE IN THE EMERGENCY ROOM BILL PASSES HOUSE HEALTH COMMITTEE
Colorado Bill Needed Because State Law is Silent, Trump Administration Will No Longer Enforce Federal Law
Denver – SB 130, SB25-130, Providing Emergency Medical Services a bill that would guarantee access to abortion care in Colorado emergency rooms, passed 9-4 in the House Health Committee.The state bill is necessary because the Trump Administration recently announced they are no longer enforcing the federal Emergency Medical Treatment and Labor Act (EMTALA). It passed the Senate on April 23.
The bill is sponsored by Senadora Julie Gonzales and Senator Mike Weissman in the Senate and Representatives Meg Froelich and Lorena Garcia in the House.
SB 130 will put protections in place in Colorado for abortion and miscarriage care in the ER regardless of what happens federally. 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.
According to Dr Lauren Thaxton, an ObGyn who moved to Colorado from Texas because of that state’s abortion bans and testified in support of the bill, “Anyone who has cared for, been or known a pregnant person knows that pregnancy can change rapidly and emergencies can happen unpredictably. Patients who are experiencing pregnancy related emergencies deserve timely appropriate care including abortion. “
“I have personally cared for patients who have become infected or hemorrhage with miscarriages that would inevitably complete eventually but should not have to become sicker waiting for this to happen. It is unconscionable that we should allow patients to become sick or die, as patients have in Texas, waiting for an abortion that we as gynecologists should be able to provide based on our conversations with the patient and sound medical judgement.”
“Patients deserve better than this and that is why I support SB 25-130.”
SB 130, requiring Colorado hospitals to provide emergency room abortion care to protect a patient’s life or health, is necessary because there is nothing 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.
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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.