June 24, 2025
FOR IMMEDIATE RELEASE
June 24, 2025
Contact: press@michigan.gov
Gov. Whitmer Takes Action to Protect Full Access to Reproductive Health Care in Michigan, LARA Instructs Michigan Hospitals to Provide Care
Letter from Michigan Department of Licensing and Regulatory Affairs to Michigan hospitals reminds providers the Emergency Medical Treatment & Labor Act is still in effect as federal administration revokes guidance and threatens access to emergency reproductive care, putting lives at risk
LANSING, Mich. – Today, on the three-year anniversary of the United States Supreme Court decision overturning the decades-long constitutional right to reproductive freedom in Dobbs v. Jackson Women’s Health Organization, the Whitmer-Gilchrist administration took action to protect full access to reproductive health care by sending a notice from the Michigan Department of Licensing and Regulatory Affairs (LARA) to Michigan hospitals, reiterating their responsibility to continue providing adequate and appropriate reproductive care to patients. The letter comes after the recent revocation of guidance on how EMTALA applies to pregnant patients, meaning that hospitals may be deterred or discouraged from providing life- or health-saving care, including abortions. This change in guidance will put thousands of lives at risk by restricting women’s ability to access appropriate emergency health care. LARA’s letter reminds Michigan hospitals that Emergency Medical Treatment & Labor Act (EMTALA) is still in effect in Michigan, protecting pregnant women in Michigan.
“This cruel, careless decision to revoke guidance on emergency abortions will limit access to lifesaving care and put women’s lives at risk,” said Governor Gretchen Whitmer. “This is part of a pattern of attacks on reproductive freedom that’s been building since the U.S. Supreme Court’s decision to overturn Roe v. Wade and restrict access to reproductive health care. Here in Michigan, we believe everyone deserve the freedom to make their own decisions about their reproductive health. We trust women to make decisions that are right for their bodies, lives, and futures. I’ll keep fighting like hell to protect your freedoms.”
“From day one, Governor Whitmer and I have been committed to protecting reproductive freedom for every Michigander,” said Lt. Governor Garlin Gilchrist II. “This dangerous change in guidance will put countless lives at risk across the country, preventing women from getting critical emergency care. Here in Michigan, we believe that decisions about your reproductive health care should be between you, your doctor, and your trusted community. We’ll keep using every tool in our toolbox to protect your right to make your own decisions about your own body.”
Impact of Federal Guidance Change on Reproductive Freedoms in Michigan
Today, LARA sent Michigan hospitals a communication, reminding them of their obligations to comply with EMTALA and provide adequate and appropriate care to their patients, including reproductive services. Specifically, the letter reminds hospitals that EMTALA remains in force, including its requirement to provide screening and appropriate follow up care. By issuing this letter, the Whitmer-Gilchrist administration has taken action to reiterate Michigan’s protection of pregnant women.
Nationally, restricting access to emergency abortions is a dangerous and radical move that will, and already has, put thousands of lives at risk. Multiple women in Texas and Georgia, two states with extreme abortion bans, have lost their lives because they were not granted emergency abortions. By not enforcing EMTALA, the federal administration is providing cover to hospitals systems that have ideological opposition to abortions, putting the life of the mother at risk in the process.
While Governor Whitmer has fought to protect access to abortion and reproductive health care in Michigan, this decision will still impact access to reproductive health care in our state. Neighboring states, like Indiana, have abortion bans which, given the recent change in federal guidance, will preempt the protections provided by EMTALA. As a result, more out-of-state residents may seek lifesaving abortion care in Michigan, causing a strain on resources and potentially limiting services offered by Michigan hospitals.
“Over the last several years, more than 20 states have severely restricted or outright banned access to abortion, worsening health care outcomes and maternal mortality nationwide. Over the same period, reports have linked state abortion bans and the lack of clarity around EMTALA to a number of preventable deaths, including Amber Nicole Thurman, Candi Miller, Nevaeh Crain, Josseli Barnica, Porsha Ngumezi, and Adriana Smith – and there are undoubtedly countless others whose names we may never know,” said Paula Thornton Greear, President and CEO of Planned Parenthood of Michigan. “Knowing this, the Trump administration still revoked Biden-era guidance around lifesaving emergency care, making their stance as clear as ever: when faced with a life or death situation, they do not care if pregnant people die. In Michigan, reproductive freedom is a constitutional right, but it is not a right we can take for granted. Planned Parenthood of Michigan remains committed to protecting and expanding reproductive freedom until all people have control over their lives, their bodies, and their futures.”
"Overturning Roe didn’t just end federal abortion rights—it supercharged the push for dangerous ‘fetal personhood’ laws that will ban IVF and other critical fertility treatments and procedures that 300,000+ Michiganders rely on,” said Stephanie Jones, Founder of Michigan Fertility Alliance. “With Roe out of the way, extremist lawmakers emboldened by the Trump administration are trying to give legal rights to fertilized eggs which would ban IVF, putting the entire process of family-building at risk. The same agenda that took away abortion is now coming for IVF. It was never just about abortion; it was about ideological control. Denying access to fertility treatments while controlling how, when, and whether people can become parents is an infringement on our fundamental rights as Michiganders."
“Three years after the anti-abortion majority Supreme Court made the devastating decision to overturn Roe v. Wade, anti-abortion extremists are making calculated moves to ban abortion nationwide,” said Shanay Watson-Whittaker, Director of Michigan Campaigns for Reproductive Freedom for All. “Everyone should have access to emergency reproductive care, no matter what, and removing federal guidance for hospitals means care could be delayed and women may die. We will continue working to hold Donald Trump and the GOP accountable for forcing pregnant people into a manufactured crisis.”
“For decades, EMTALA has protected the ability of all people, including those who are pregnant, to receive life and health saving, stabilizing care in emergency situations,” said Merissa Kovach, Political Director of American Civil Liberties Union of Michigan. “Despite Michigan’s strong legal protections for reproductive rights, the Trump administration’s decision to withdraw EMTALA guidance guaranteeing pregnant patients medical care in emergency situations has potential to sow confusion for providers and endanger the lives and health of patients. Regardless of where they live, patients must have a right to emergency abortion care that will save their health or lives, without political interference.”
"Women across our state want and need lifesaving reproductive healthcare -- that's why we worked so hard to pass Prop 3,” said Kelly Dillaha, Michigan Program Director for Red, Wine & Blue. “There is a lot of confusion and fear on the ground here in Michigan about whether the Trump administration will take away emergency abortion care. If he does, voters won't forget who is responsible."
Emergency Medical Treatment & Labor Act (EMTALA)
EMTALA is a federal law which ensures everyone can access emergency health care regardless of their ability to pay. It has been critical in supporting reproductive freedoms by requiring hospitals to provide appropriate care when a pregnancy is threatening the life or health of a patient.
After the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, many states with restrictive abortion law have argued that EMTALA does not supersede those state laws. The current federal administration recently decided to drop its suit against Idaho requiring its hospitals to follow federal law and rescinded guidance that clarified how hospitals should interpret EMTALA when treating pregnant patients.
Governor Whitmer’s Fight for Reproductive Freedom, Families, and Health Care
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