AFFIRMING AND SUPPORTING THE REQUIREMENT THAT HOSPITALS PROVIDE LIFE-SAVING EMERGENCY CARE TO PREGNANT PEOPLE, INCLUDING REPRODUCTIVE AND ABORTION SERVICES, WHEN SUCH CARE IS MEDICALLY NECESSARY TO STABILIZE A PATIENT UNDER THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT.

HR5

HOUSE OF REPRESENTATIVES

H.R. NO.

5

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE RESOLUTION

Affirming and supporting the REQUIREMENT that hospitals provide
life-saving emergency care to pregnant people, including reproductive and
abortion services, when such care is medically necessary to stabilize a patient
under the Emergency medical treatment and Active labor act
.

����
WHEREAS, the
Emergency Medical Treatment and Active Labor Act (EMTALA), enacted in 1986,
requires hospitals that receive Medicare funding to provide a medical screening
examination and stabilizing treatment to any person with an emergency medical
condition, regardless of their ability to pay; and

����
WHEREAS, EMTALA
has long been interpreted to require that when a person presents a life- or
health-threatening condition to a hospital, such as hemorrhage, ectopic
pregnancy, or preeclampsia, the hospital must provide abortion care if it is
the necessary stabilizing treatment; and

����
WHEREAS, shifts
in federal policy and guidance in recent years, including the 2022 federal
affirmation of EMTALA's requirement to provide emergency abortion care and the
2025 rescission of this guidance by the Centers for Medicare and Medicaid
Services, have created national confusion about EMTALA's application, even
though the statute itself remains fully in effect; and

����
WHEREAS, the
lack of consistent federal guidance has caused hospitals in some states to
delay or deny stabilizing care for pregnant people, particularly in states with
abortion bans, despite EMTALA's requirements; and

����
WHEREAS, nationally,
some religiously affiliated hospitals have asserted conscience-based objections
to providing emergency abortion care, although EMTALA does not allow for
religious exemptions; and

����
WHEREAS, failure
to provide timely and medically necessary emergency care, including emergency
abortion care, can lead to preventable medical deterioration, permanent injury,
or death; and

����
WHEREAS, several
states, including Colorado, Illinois, and New York, have explicitly defined
emergency abortion care as a stabilizing treatment required under EMTALA; and

����
WHEREAS, Hawaii
hospitals and emergency physicians have a long-standing record of providing
stabilizing treatment, including emergency abortion care when medically
necessary, and continue to support and uphold these standards of care; and

����
WHEREAS, Hawaii's
hospital system has affirmed its commitment to patient safety, reproductive
healthcare access, and the delivery of high-quality emergency medical care in
accordance with federal law and accepted medical standards; and

����
WHEREAS, formally
recognizing and supporting this long-standing practice strengthens public
confidence, clarifies Hawaii's policy direction, and reinforces the stability
of emergency care for pregnant people in the State; now, therefore,

����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, that this body affirms and supports
the requirement that hospitals provide life-saving emergency care to pregnant
people, including reproductive and abortion services, when such care is
medically necessary to stabilize a patient under the Emergency Medical
Treatment and Active Labor Act; and

����
BE IT FURTHER
RESOLVED that this body urges all hospitals in the State, regardless of religious
affiliation, to continue upholding these established standards of care and
ensuring that no pregnant patient experiencing a medical emergency is denied or
delayed stabilizing care; and

����
BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the
Governor, Director of Health, President and Chief Executive Officer of the
Healthcare Association of Hawaii, Chief Executive Officer of the Hawaii Primary
Care Association, President of the Hawaii Association of Health Plans, and
President of the Hawaii Medical Association.

OFFERED BY:

_____________________________

Report Title:
�

Emergency
Medical Treatment and Active Labor Act; Hospitals; Reproductive Services;
Abortion Services