US government rejects complaint that woman was improperly denied an emergency abortion in Oklahoma

The U.S. Department of Health and Human Services says an Oklahoma hospital did not violate federal law when doctors told a woman with a nonviable pregnancy to wait in the parking lot until her condition deteriorated enough to qualify for an abortion under the state’s strict ban.

Jaci Statton, 26, was among a number of women last year who challenged abortion restrictions that went into effect in Republican-led states after the Supreme Court revoked the right to abortion nationwide in 2022.

Rather than join a lawsuit, Statton filed a complaint with the Department of Health and Human Services under the Emergency Medical Treatment and Labor Act, or EMTALA. The complaint came just over a year after the Biden administration notified hospitals that they must provide abortion services if the mother’s life was in danger. At the time, President Joe Biden’s administration said EMTALA would replace state abortion bans that do not have adequate exceptions for medical emergencies.

The Biden administration’s denial of Statton’s claim is the latest development in the ongoing investigation into how EMTALA should be applied in the wake of the Supreme Court ruling that overturned Roe v. Wade. It also underlines the uphill legal battle that reproductive rights advocates face when opposing state abortion bans.

According to the complaint, Statton discovered she was pregnant in early 2023 and soon began experiencing severe pain and nausea. Doctors in Oklahoma eventually told her she had a partial molar pregnancy, which if left untreated could cause bleeding, infection and even death.

“However, the providers told Jaci that they could not perform an abortion until she was actively collapsing in front of them or on the verge of a heart attack,” the complaint states. “In the meantime, the best they could offer was to let Jaci sit in the parking lot so she can be close to the hospital if her condition continues to deteriorate.”

Abortion is illegal in almost all cases in Oklahoma. However, in November the state Supreme Court reiterated in a ruling that the state constitution guarantees a woman’s right to an abortion when necessary to preserve her life.

Ultimately, Statton and her husband traveled out of state to have an emergency abortion rather than wait for her health to deteriorate.

In October, the Centers for Medicare and Medicaid Services — which operates under Health and Human Services — told Statton that its investigation could not confirm a “violation” of federal emergency room law.

“We appreciate you bringing this matter to our attention,” the letter said.

The Center for Reproductive Rights, which represents Statton, confirmed Friday that her complaint had been dismissed. The center did not reveal why it waited months to make the denial public. In December, an attorney for the center told The Associated Press that they had no updates to release publicly.

“EMTALA was created to protect everyone’s right to stabilizing treatment for an emergency medical condition, regardless of what state they live in or what type of stabilizing care they need,” said Rabia Muqaddam, a senior staff attorney at the Centre. “It is horrific that patients in Jaci’s circumstances are being turned away.”

A spokesperson for Health and Human Services did not immediately return an email request for comment.

The Center for Reproductive Rights has lawsuits pending in Idaho, Tennessee and Texas. The lawsuits do not seek to overturn states’ abortion bans, but instead ask state courts to clarify the circumstances that qualify patients to legally obtain an abortion.

The Supreme Court earlier this month allowed Idaho to enforce its strict abortion ban, even in medical emergencies, as a separate legal battle continues. The justices said they would hear arguments in April and suspend a lower court ruling that had blocked Idaho’s hospital emergency law based on a federal lawsuit brought by the Biden administration.

Also this month, a three-judge panel in New Orleans ruled that the government cannot use EMTALA to require Texas hospitals to perform abortions for women whose lives are in danger as a result of pregnancy.