The Michigan Department of Licensing and Regulatory Affairs (LARA) put hospitals on notice that the Emergency Medical Treatment and Labor Act (EMTALA) remains in force, including its requirement to provide screening and appropriate follow up care:
On Dobbs anniversary, Michigan reminds hospitals of their reproductive health care responsibilities
By Jon King - June 24, 2025An order issued Tuesday by the Michigan Department of Licensing and Regulatory Affairs reiterated to Michigan hospitals their responsibilities “to continue providing adequate and appropriate reproductive care to patients.”
The notice came on the three-year anniversary of the U.S. Supreme Court’s Dobbs decision that overturned Roe v. Wade, and ended nearly 50 years of a constitutional right to an abortion.
It also follows a decision earlier this month by the U.S. Department of Health and Human Services to rescind guidance that emphasized hospitals are responsible for providing emergency abortion care despite state bans, saying it does not reflect the Trump administration’s policy.
“Due to recent federal action taken and guidance issued, the Department of Licensing and Regulatory Affairs reminds you that the Emergency Medical Treatment and Labor Act (EMTALA) remains in force, including its requirement to provide screening and appropriate follow up care,” the notice stated.
Gov. Gretchen Whitmer’s office said the decision to rescind the guidance will place thousands of lives at risk by restricting women’s ability to access appropriate emergency health care.
“Here in Michigan, we believe everyone deserves the freedom to make their own decisions about their reproductive health,” Whitmer said in a press release. “We trust women to make decisions that are right for their bodies, lives, and futures. I’ll keep fighting like hell to protect your freedoms.”
The notice makes clear to Michigan hospitals that the state’s authority on reproductive health issues is not preempted by decisions made by the federal government. It also says that while state-licensed health facilities and agencies aren’t required to admit patients for the purpose of performing an abortion, they “are still required to offer adequate and appropriate care for the services they provide.”
In its press release, Whitmer’s office states that by not enforcing the Emergency Medical Treatment and Labor Act, the Trump administration is “providing cover to hospitals systems that have ideological opposition to abortions, putting the life of the mother at risk in the process.”
Meanwhile, reproductive rights advocates note that in the three years since Roe was overturned, more than 20 states have severely restricted or placed outright bans on access to abortion. Combined with a lack of clarity around the responsibilities of hospitals in those states to provide appropriate care, those advocates say the result has been a number of preventable deaths.
“Knowing this, the Trump administration still revoked Biden-era guidance around lifesaving emergency care, making their stance as clear as ever: when faced with a life or death situation, they do not care if pregnant people die,” Paula Thornton Greear, president and CEO of Planned Parenthood of Michigan, said.
Whitmer also expects that Trump’s decision to rescind the federal guidance will result in additional residents in states like neighboring Indiana that have abortion bans to seek reproductive health care in Michigan. That could place a strain on resources and potentially limit the services offered by Michigan hospitals, Whitmer said.
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