The Biden administration sought to clarify the federal government’s authority to reinforce a law mandating that healthcare providers must perform life- or health-saving abortion services in emergency situations, overruling state bans on performing the procedure.

The law, the Emergency Medical Treatment and Active Labor Act, dates back to 1986 and guarantees that anyone coming to an emergency department will be stabilized and treated regardless of insurance status or ability to pay. The rule stipulates that emergency medical conditions that warrant an abortion may include, but are not limited to, ectopic pregnancy, complications of pregnancy loss, or emergent hypertensive disorders, such as preeclampsia with severe features. While the latest announcement from the Department of Health and Human Services does not implement any new guidelines, it aims to make clear that any state law that is more stringent than the law authorizes is superseded.