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HR 5

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.

2026 Regular Session Introduced by Terez Amato and 26 co-sponsors

Hawaii bill clarifies hospitals must provide emergency reproductive and abortion care when medically necessary under federal EMTALA requirements, removing state abortion law conflicts.

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Bill Summary · HR 5

Legislative bill overview

HR 5 affirms that hospitals must provide emergency reproductive care, including abortion services, to pregnant patients when medically necessary to stabilize their condition under the federal Emergency Medical Treatment and Active Labor Act (EMTALA). The bill clarifies that hospitals cannot deny such care based on state abortion restrictions or other legal concerns.

Why is this important

EMTALA already federally requires stabilizing emergency care regardless of ability to pay, but legal uncertainty exists in states with abortion restrictions about whether reproductive emergency services fall within this obligation. This bill removes ambiguity for Hawaii hospitals, ensuring pregnant patients in medical emergencies receive necessary care without legal liability concerns delaying treatment.

Potential points of contention

  • Federal vs. state authority: Opponents may argue states have primacy over abortion regulation, while supporters contend EMTALA's federal emergency care requirements supersede state restrictions
  • Scope definition: Disagreement over what constitutes "medically necessary" emergency reproductive care and who determines this standard
  • Liability protection: Hospitals gain explicit legal cover for providing these services, which some view as necessary protection and others see as unnecessary given EMTALA already exists

Compiled from official sources — confirm details with the bill’s official record.

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