Objectives
EMTALA mandates that hospitals receiving Medicare funding provide stabilizing treatment, which includes abortion. But many states have abortion bans that lack, or only broadly articulate, exceptions related to a pregnant person’s health, leading to significant legal debate. We therefore sought to evaluate the impact of Dobbs v Jackson Women’s Health Organization on obstetric-related violations.
Methods
We used a nationwide sample of federal EMTALA violations (excluding Rhode Island, Delaware, and Hawaii) from 2017 to the end of 2023. We ran a two-way fixed effects difference-in-differences model comparing “conflict” states, ie, those whose state policy had no health exception in the post-Dobbs period (n=6) to non-conflict states. We examined obstetric-related violations as a share of all EMTALA filings as the primary dependent variable and used the 2022 Dobbs ruling as our intervention, employing state and month fixed-effects to account for unobservable differences by location and seasonality in healthcare utilization. We tested alternate treatment groups and examined changes in emergency department utilization as sensitivity analyses.
Results
Difference-in-differences results suggested that Dobbs led to a statistically significant increase in obstetric-related EMTALA violation filings, with 10.5% (95% CI, 8.1-12.9%; p <0.001) more violations filed per month in states with no health exception (Oklahoma, Idaho, South Dakota, Arkansas, Texas, and Mississippi) than in states with a health exception in the post-policy period, from 2022 through 2023.
Conclusions
Our analysis of Freedom of Information Act-acquired data indicates that the Dobbs ruling led to an increase in obstetric-related EMTALA violations when state law conflicted with federal policy.
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