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Diane Lumiere's avatar

Thank you for calling out journalists who go for the easy, sloppy, story on gas prices, inflation, and polls. Shame on them for missing one of the most important moments in modern history- the reoccurrence of Fascist thought and action to suppress democracy and free will, civil rights, and the law. The “‘secret service” has become just that; service to an unjust tyrant that hates losing and is willing to bring down an entire democracy and country to satisfy his ego. Sound familiar? Germany 1931. Thank God Pence had the insight to resist getting in the car. I have much more respect for him now than ever before. Bravo to the embarrassed former Trump groupies who testified that it was an armed rebellion to deny the peaceful transfer of power. WAKE UP print media. You are missing THE STORY!

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B Carpenter - Thinking Deeply's avatar

I am beyond angry that Texas AG Paxton has filed a suit against the Biden administration for it's enforcement reminder about the EMTALA. I wrote about the EMTALA in yesterday’s comments to that day’s Newsletter edition. Robert has referred to those comments in today’s Newsletter. They were written before Texas filed suit to block HHS enforcement of EMTALA provisions requiring emergency medical care including if necessary abortions in life-threatening medical crises.

I have written letters to my federal Congressional Representatives and Senators, President Biden, HHS Secretary Xavier Becerra, and also as a letter to the editor of our local paper. All of those communications point out that the recent HHS enforcement reminder on the EMTALA reflects no new rules, changes, or enforcement mechanisms to legislation originally passed in 1986 and enforced as federal law since then. It is also entirely consistent with present Texas anti-abortion restrictions that also provide exceptions for medical emergencies for patients who may require abortion care when their life is at risk without that care.

I have requested of Biden and Secretary Becerra that HHS conduct EMTALA compliance audits of medical facilities and hospitals to ensure they have written guidelines and training programs for affected emergency treatment staff in place. Both of those are EMTALA requirements. If those are found deficient, appropriate enforcement actions should be taken.

The following is the text of my letter to the editor of our local paper. I urge others to write similar letters to their own local papers and also communicate the need for HHS EMTALA compliance audits to appropriate legislators, the White House, and Secretary Becerra. No woman should be denied essential medical care in a life-threatening emergency. The idea of withholding such care is in my view beyond cruel and becomes medical terrorism.

My letter to the editor:

Providing Medical Care in Life-threatening Emergencies Is Not a Crime

Regardless of anyone's view on the issue of abortion, it should be understood that even Texas SB8 anti-abortion legislation provides exceptions for cases in which an abortion would save the pregnant patient’s life or prevent “substantial impairment of major bodily function."

Providing essential medical care in cases of a life-threatening emergency is what the Emergency Medical Treatment and Labor Act (EMTALA) passed by Congress in 1986 mandates. The recent enforcement reminder sent by HHS to medical facilities introduced no new rules or enforcement mechanisms, it was a reminder of the provisions in existing federal law passed and in place since 1986.

The lawsuit filed this week by Texas AG, Paxton, against the Biden administration is ill-advised and demonstrates the cruelty toward women's healthcare rights by the current Abbott administration. Gubernatorial and Attorney General political campaigns promoting the denial of emergency and essential medical care to women in life-threatening medical emergencies seem to be a poor campaign strategy. Most women are unlikely to find such a campaign plank other than cruel.

EMTALA is not abortion on demand. It is the provision of essential medical care in emergency life-threatening situations narrowly defined in the EMTALA law. It is also entirely consistent with the provisions of Texas present abortion restrictions in SB8.

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