Left, Assemblywoman Amy Paulin, with Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State, center.
Current Supreme Court cases could be used to deny giving pregnant patients accurate information and treatment
Assemblywoman Amy Paulin, State Senator Rachel May, legislators and advocates rallied today in support of legislation A5297/S6616 (Paulin/May) which would prohibit hospitals from preventing health care practitioners from providing medically accurate information and care related to pregnancy complications.
“It’s necessary to pass this bill to protect New Yorkers in the face of continued threats to reproductive health care at the federal level,” said Assemblywoman Amy Paulin. “Some argue that federal law, specifically EMTALA, already provides these protections. However, based on 2 recent Supreme Court cases, hostile states are attempting to argue that their abortion bans cannot be preempted by EMTALA and that EMTALA can only compel treatment when the pregnant patient is at risk of death.”
“These cases will give the Supreme Court the opportunity to allow hostile states to deny care to pregnant patients in exactly those circumstances protected by this legislation and to overturn the longstanding interpretation of EMTALA that applies nationwide,” continued Paulin.
“This bill is another step in ensuring New York remains a safe harbor for women seeking reproductive and pregnancy-related health care. Doctors, nurses, and other health care providers must be able to provide critical information and care when a patient needs it. By passing this bill, we can ensure women receive the care they need, when they need it, from a provider they trust,” said Senator Rachel May.
Many advocates and legislators joined the rally in support.
Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State Acts said, “At Planned Parenthood, we believe that patients and their providers should be driving decision-making around the information and health care they may need, not politicians or bureaucratic policies that don’t reflect modern standards of care. Across this country, we are hearing harrowing stories of pregnant individuals experiencing a miscarriage and being turned away from urgent care – threatening their health and well-being. This June, we expect the Supreme Court to rule in a case challenging a federal law, the Emergency Medical Treatment and Active Labor Act (EMTALA), that requires hospitals to provide necessary stabilizing treatment to pregnant patients in emergencies. It is unbelievable that we live in a country where the health and life of a pregnant person is callously disregarded because of the extreme beliefs of a few.
We applaud Assemblymember Paulin and Senator May for championing this legislation that will align our state law with the federal protections of EMTALA, and ensure that providers can communicate medically accurate and comprehensive information to their patients, and deliver miscarriage management care when necessary to preserve a pregnant patient’s health or life.”
State Senator Krueger, Co-Chair of the Bipartisan Pro Choice Legislative Caucus said, “There have already been far too many reports nationwide of people experiencing pregnancy complications who sought treatment at ERs and were turned away or forced to wait for hours until approval was granted to provide medically-necessary treatment. Now, with EMTALA protections for pregnant people in jeopardy at the U.S. Supreme Court, some of the reproductive protections New Yorker’s enjoy may be at risk. That makes this legislation from Assemblywoman Paulin and Sen. May so critical. We must ensure that pregnant people here in New York receive accurate medical information and medically-necessary treatment.”
Assembly Member Rebecca A. Seawright said, “I am proud to co-sponsor and support Bill A.5297-A. While New York strongly protects reproductive rights, federal efforts threaten pregnancy-related health care nationwide. Bill A.5297-A would secure existing safeguards so medical professionals can share vital information with patients, provide essential services, and ensure their well-being without limitation or fear of reprisal from hospitals. New York must remain a haven for public health.”
