Attorney General Dan Rayfield today and a coalition of 21 other attorneys general sent a letter to the American Hospital Association reaffirming that hospitals across the country are legally obligated to provide emergency abortion care under the Emergency Medical Treatment and Active Labor Act (EMTALA). The letter comes in response to the Trump Administration’s decision to revoke federal guidance that had clarified this duty following the Supreme Court’s decision overturning Roe v. Wade.
While Oregon law already safeguards access to emergency abortion care, Rayfield said he joined the letter to stand in solidarity with states where patients and providers are increasingly left in legal limbo. In 2017, while Attorney General Rayfield served in the Oregon Legislature, lawmakers passed The Reproductive Health Equity Act (RHEA). The landmark legislation ensures broad access to reproductive healthcare, including abortion, for Oregonians regardless of income, citizenship status, gender identity, or insurance type.
“When someone walks into an emergency room in Oregon in a medical crisis, they deserve care—not confusion, delay, or legal red tape,” said Attorney General Rayfield. “Here in Oregon, we have strong protections in place. But not every state does. It’s not lost on me that we’re sending this letter on the anniversary of the Dobbs decision—a ruling that shattered national protections for reproductive health care. This is about making sure no one is denied lifesaving treatment because of politics or geography.”
Enacted in 1986, EMTALA requires Medicare-participating hospitals to provide stabilizing treatment—including abortion care—when it is medically necessary to treat a pregnant patient with an emergency condition. The attorneys general emphasized that the Trump Administration’s rescission of 2022 guidance does not change that legal obligation.
The letter notes that emergency abortion care is often critical for conditions such as ectopic pregnancy, hemorrhaging, preeclampsia, placental abruption or amniotic fluid embolism. Denying this care can lead to irreversible harm—including infertility, organ failure, or death.
The coalition also makes clear that federal agencies cannot unilaterally rewrite laws passed by Congress. EMTALA remains in full force and effect across the country, regardless of changes in administration priorities or guidance documents.
Today’s letter reaffirms the commitment of attorneys general across the country to ensure that hospitals continue providing this essential, emergency medical care, even in states with restrictive abortion laws.
Attorney General Rayfield joins the attorneys general of New Jersey, California, New York, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Rhode Island, Vermont, Washington, and the District of Columbia in sending this letter.
