By the authority vested in me as President by the Constitution and the laws of the United States of America, the following is hereby ordered:
Section 1. Policy. On July 8, 2022 following a Supreme Court decision to set aside Roe v. calf, 410 US 113 (1973), I signed Executive Order 14076 (Protecting Access to Reproductive Healthcare Services). As recognized this order eliminated the right recognized in roe has had and will continue to have a devastating impact on women’s health and wider public health.
Following that order, the Department of Health and Human Services (HHS) took critical steps to address these impacts. These steps include clarifying the obligation of hospitals and care providers under the Emergency Medical Treatment and Labor Act, 42 USC 1395dd, to provide emergency stabilizing treatment, including abortion, to patients presenting to an emergency room if that treatment is needed Stabilizing their medical emergency status and issuing guidance to the nation’s retail pharmacies on their obligations under the 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 — to ensure equal access to comprehensive reproductive care and other healthcare, including for women who miscarry.
However, the continued evolution of restrictive abortion laws in states across the country has created legal uncertainty and differential access to reproductive health services based on where you live, putting patients, providers, and third parties at risk and creating confusion for hospitals and health care providers, including pharmacies. There have been numerous reports of women being denied emergency health and life-saving care as doctors, fearing legal reprisals, delay providing necessary treatment to patients until their condition worsens to dangerous levels. There have also been reports of women of childbearing age being refused prescription drugs at pharmacies – including drugs to treat stomach ulcers, lupus, arthritis and cancer – due to concerns that these drugs, some of which can be used in medical abortions, can be used used to terminate a pregnancy. One health care provider has reportedly even temporarily halted the supply of emergency contraceptives, citing a state law restricting abortions.
As it remains my government’s policy to support women’s access to reproductive health services, including their ability to travel to states where it is legal to seek abortion treatment, I direct my government to take further action to protect access to reproductive health services and to address the women’s health and public health crisis more comprehensively.
Sec. 2. Definition. The term “reproductive health care services” means medical, surgical, counseling or referral services related to the human reproductive system, including services related to pregnancy or pregnancy termination.
Sec 3. Fostering the ability to receive reproductive health services. In furtherance of the policies set forth in Section 1 of this regulation, the Secretary of HHS is considering measures to improve access to reproductive health services, including, to the extent permitted by federal law, through Medicaid for patients traveling across state lines for medical care.
Sec. 4. Promoting compliance with the anti-discrimination law when seeking medical care. To further the policy set forth in Section 1 of this regulation and to ensure that individuals are not denied necessary health care based on reasons protected by federal law, including current pregnancy, past pregnancy, potential or contemplated pregnancy, or other medical conditions, the HHS- Secretary to take all appropriate measures to promote prompt understanding of and compliance with federal nondiscrimination laws by healthcare providers receiving federal financial assistance. Such measures may include:
(a) providing technical assistance to healthcare providers with questions about their obligations under federal nondiscrimination laws;
(b) convening healthcare providers to provide information about their obligations under federal anti-discrimination laws and the possible consequences of non-compliance; and
(c) issue additional guidance or take other action as appropriate in response to complaints or other reports of non-compliance with federal non-discrimination laws.
Sec. 5. Data collection. The Secretary of HHS evaluates the adequacy of the research, data collection, data analysis, and interpretation efforts of the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant HHS components in accurately measuring the impact of access to reproductive health care through health outcomes for mothers and other health outcomes. After this assessment, the Secretary takes appropriate action to improve these efforts.
Section 6. General Provisions. (a) Nothing in this order shall be construed to affect or otherwise affect:
(i) the power delegated by law to an executive department or agency or their heads; or
(ii) the functions of the Director of the Office of Administration and Budget in relation to budgetary, administrative or legislative proposals.
(b) This order will be carried out in accordance with applicable law and subject to the availability of funds.
(c) This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies or bodies, its officers or employees, or agents, or any other person.
JOSEPH R BIDEN JR
THE WHITE HOUSE,
August 3, 2022.