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News HHS sends letter to governors on reproductive rights

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Lori

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On August 26th 2022, HHS Secretary Xavier Becerra and the Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure announced they had issued a letter to U.S. governors inviting them to work with the CMS and apply for a Medicaid 1115 waiver to provide increased access to care for women from states where they may be denied access to reproductive medical care.

Current or proposed state abortion restriction laws do not negate providers' responsibilities to comply with federal laws protecting access to emergency healthcare, the letter said.

The "Secretary's Report: Health Care Under Attack: An Action Plan to Protect and Strengthen Reproductive Care" reiterates former guidance for hospitals and other providers in reaffirming EMTALA. The Act protects providers when offering legally mandated, life- or health-saving abortion services as stabilizing care for emergency medical conditions, HHS said.

The actions support President Biden's Executive Order 14076, Protecting Access to Reproductive Health Care, and Executive Order 14079, Securing Access to Reproductive Health Care, HHS said

HHS issued guidance to roughly 60,000 U.S. retail pharmacies, clarifying their obligations under federal civil rights laws. It also issued guidance that clarifies to patients and providers the extent to which federal law and regulations protect individuals' private medical information when seeking abortion and other forms of reproductive healthcare, as well as when using apps on smartphones.

 
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