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HI SR7

Resolution

Status

Introduced

1/28/2026

Primary Sponsor

Michelle Kidani

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Hawaii Senate affirms that hospitals must provide life-saving emergency care to pregnant patients, including abortion services, when medically necessary to stabilize a patient under the federal Emergency Medical Treatment and Active Labor Act (EMTALA)
  • EMTALA, enacted in 1986, requires Medicare-funded hospitals to provide screening and stabilizing treatment for emergency medical conditions regardless of ability to pay, and has been interpreted to include abortion care for conditions like hemorrhage, ectopic pregnancy, or preeclampsia
  • The 2025 rescission of federal guidance by the Centers for Medicare and Medicaid Services created confusion about EMTALA's application, though the statute itself remains in effect
  • The resolution urges all Hawaii hospitals, regardless of religious affiliation, to continue providing stabilizing emergency care without delay or denial to pregnant patients
  • Certified copies to be sent to the Governor, Director of Health, and leaders of the Healthcare Association of Hawaii, Hawaii Primary Care Association, Hawaii Association of Health Plans, and Hawaii Medical Association

Legislative Description

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.

Hospitals

Last Action

Referred to HHS.

2/13/2026

Committee Referrals

Health and Human Services2/13/2026

Full Bill Text

No bill text available