ENA statement on CMS rescinding guidance related to emergency pregnancy care

“The Centers for Medicare & Medicaid Services’ decision this week to rescind its 2022 guidance for the treatment of pregnant patients experiencing a bona fide medical emergency stands in direct opposition to the fundamental ethics of nursing to promote human health and well-being.

It contradicts the federal standard of the last four decades – the Emergency Medical Treatment and Labor Act – which ensures every emergency department patient receives the care they need regardless of their individual circumstance or where they seek emergency health care.

It also conflicts with ENA’s beliefs that all people are entitled access to comprehensive and quality health care without exception.

ENA is deeply concerned about the unease and confusion this decision might bring to emergency care teams that must contemplate the life-or-death implications of every option for the care of every patient they treat.

That is especially true for pregnant patients and the unique circumstances which might require them to seek emergency medical help. 

By rescinding this particular guidance, CMS has potentially redirected the judgement of emergency nurses and the entire emergency care team from what’s best for the patient to instead be guided with fear of legal implications by simply doing what is needed to save that patient’s life.”

- ENA President Ryan Oglesby

ENA’s Prior EMTALA-related Statements

Access to Quality Care and EMTALA

Supreme Court’s EMTALA Opinion

Department of Justice Dismissal of EMTALA-Related Lawsuit