ABORTION CARE IN THE EMERGENCY ROOM BILL PASSES FINAL VOTE IN COLORADO HOUSE
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 final, third reading vote in the Colorado House today. It passed the Senate on April 23, and now moves to the Governor’s desk. 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.
“As someone who lives in rural Colorado, it matters that we are able to get the same standard of emergency care as everyone else,” said Cobalt Political Director Kiera Hatton Sena. “With the chaos in the courts, the federal government abandoning its commitment to enforce federal law, and nothing protecting pregnant people in the ER in Colorado law, the Colorado General Assembly had to take action to ensure patients here are protected. The passage of SB 130 reinforces Colorado’s continued leadership on reproductive health care.”
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.
The legislation also 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 the state continues to lead the country in reproductive healthcare access.
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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.