By virtue of the powers vested in me as President by the Constitution and the laws of the United States of America, I order as follows:
Section 1. Policy. On July 8, 2022, following the dismissal decision of the Supreme Court Law vs Wade, 410 US 113 (1973), signed Executive Order 14076 (Protection of Access to Reproductive Health Care Services).preclude rights granted in, as the order grants egg It has had and will continue to have a devastating impact on women’s health and public health more broadly.
Pursuant to that mandate, the Department of Health and Human Services (HHS) is taking important steps to address these impacts. These steps include clarifying the obligations of hospitals and health care providers under the Emergency Medical and Labor Act, 42 USC 1395dd. This is the provision of stabilizing care for emergency medical conditions, including abortions, to patients presenting to the emergency department. Stabilize emergency medical conditions and issue guidance to retail pharmacies nationwide on their obligations under federal civil rights laws, including Section 504 of the Rehabilitation Act, 28 USC 794, and Section 1557 of the Affordable Care Act, 42 USC 18116. , equal access to comprehensive reproductive and other health care services, including for women experiencing miscarriage.
However, continued advances in restrictive abortion laws in states across the country have created legal uncertainties and disparities in access to reproductive health services depending on where individuals live, resulting in patient, health care delivery It puts patients and third parties at risk and contributes to confusion among hospitals and healthcare providers. , including pharmacies. There are numerous reports of women being denied health and life-saving emergency care because health care providers, fearing legal retaliation, delay necessary treatment until the patient’s condition has deteriorated to dangerous levels. There are also reports of women of childbearing age being denied prescription drugs at pharmacies, including drugs used to treat stomach ulcers, lupus, arthritis, and cancer. Can be used for abortion. Health care providers have reportedly even temporarily stopped offering emergency contraception, citing state laws restricting abortion.
Because it remains the policy of my administration to support women’s access to reproductive health services, including their travel to seek abortion care in states where abortion treatment is legal, I directs my Administration to take further action to protect access to reproductive health services.To address more broadly the crises facing women’s health and public health.
seconds. 2. Definitions. The term “reproductive health care services” means any medical, surgical, counseling, or referral service related to the human reproductive system, including services related to pregnancy or abortion.
seconds. 3. Make reproductive health care services available. In furtherance of the policies set forth in Section 1 of this order, the Secretary of HHS is authorizing, to the extent permitted by federal law, through Medicaid for patients traveling across state lines for medical care. , shall consider measures to facilitate access to reproductive health care services. .
seconds. 4. Promote compliance with anti-discrimination laws when seeking medical care. In furtherance of the policies set forth in Section 1 of this order, individuals may be ineligible for reasons protected by federal law, including current pregnancy, past pregnancy, potential or intended pregnancy, or other medical conditions. To ensure that people are not denied necessary medical care, the Secretary of Health will take all appropriate steps to facilitate prompt understanding and compliance with federal antidiscrimination laws by health care providers receiving federal funding. shall be considered. Such actions may include:
(a) provide technical assistance to health care providers who have questions about their obligations under federal antidiscrimination laws;
(b) convene health care providers and provide them with information about their obligations under federal antidiscrimination laws and the potential consequences of non-compliance;When
(c) issuing additional guidance or taking other action as necessary in response to complaints or other reports of non-compliance with federal antidiscrimination laws;
seconds. 5. Data collection. In accurately measuring the impact of access to reproductive health care, the HHS Secretary is responsible for research, data collection, data analysis and interpretation at the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant HHS components. Evaluate the adequacy of your efforts. For maternal health outcomes and other health outcomes. Following that evaluation, the Secretary shall take appropriate action to improve those efforts.
seconds. 6. General Terms. (a) None of this order shall be construed to impair or affect:
(i) powers conferred by law on any executive branch or agency or its head;Also
(ii) functions of the Director of the Office of Management and Budget regarding budgetary, administrative, or legislative proposals;
(b) This order shall be implemented subject to budget availability in accordance with applicable law.
(c) This order does not create any rights or interests that are actually or procedurally, legally or equitablely enforceable by any party against the United States, its divisions, agencies or bodies, its officers and employees. It is neither intended nor created to produce , or agents, or other persons.
Joseph R. Biden Jr.
White House,
August 3, 2022.
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