The Biden administration on Monday said doctors and hospitals need to follow federal law and provide abortions if there is a medical emergency and the health or life of the patient is at risk, regardless of state law.

The Department of Health and Human Services (HHS) reaffirmed that the Emergency Medical Treatment and Labor Act (EMTALA) protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations. 

Administration officials said the federal government can penalize doctors or hospitals that fail to provide care in those circumstances.

“Under the law, no matter where you live, women have the right to emergency care — including abortion care,” HHS Secretary Xavier Becerra said in a statement. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”

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