Patient access to emergency obstetric and reproductive services remains unchanged

Access to emergency obstetric and abortion care in Washington remains unchanged despite the federal rollback of Emergency Medical Treatment and Labor Act (EMTALA) abortion guidance on June 3, 2025.

Washington law requires hospitals to provide emergency care, including abortion, when needed to stabilize a pregnant patient. These protections were solidified by ESSB 5557, which went into effect April 29, 2025, and emergency rules adopted by the Department of Health (DOH).

Hospitals in Washington must:

• Provide standard emergency care, including abortion, to pregnant patients.
• Not deny care based on fetal health or the continuation of pregnancy without the pregnant person’s informed consent.
• Either treat the patient or transfer them to a facility that can.

These requirements are enforceable by the Department of Health. Apple Health, PEBB, and SEBB plans will continue to cover these services.

Permanent rulemaking begins July 2025. To stay updated, email Tiffani Buck or visit the Department of Health’s Rules in Progress webpage.

For additional information, Washington’s Attorney General Nick Brown issued a statement on the EMTALA guidance.