The Centers for Medicare & Medicaid Services (CMS) has issued a new Quality & Safety Memo (QSO-22-23-All) in response to the preliminary injunction in Texas v. Becerra. The memo states that the Department of Health and Human Services (HHS) may not enforce interpretations from the July 11, 2022, CMS guidance regarding Texas abortion laws and the Emergency Medical Treatment and Labor Act (EMTALA). HHS cannot enforce the interpretation that Texas abortion laws are preempted by EMTALA or enforce the guidance's interpretation of EMTALA within Texas or against members of the American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG) and the Christian Medical and Dental Association (CMDA). Healthcare facilities in Texas and those affiliated with AAPLOG and CMDA should be aware of these restrictions. The memo is effective immediately and should be communicated to all appropriate staff.
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