Maryland Governor Wes Moore signed legislation on May 26, 2026, requiring hospitals to provide emergency pregnancy-related care, including abortions when medically necessary. The law mandates that hospital emergency departments screen patients for emergency pregnancy-related conditions and provide necessary stabilizing treatments, which may include terminating a pregnancy to protect a patient’s life or health. Hospitals that cannot provide the required treatment must arrange a transfer without worsening the patient's condition.
The law, which takes effect on October 1, passed largely along party lines, with the Maryland Senate approving it in a 32-11 vote and the House in a 96-37 vote. Democratic state Senator Clarence Lam, a lead sponsor, emphasized the importance of maintaining emergency care standards amid federal uncertainties regarding the Emergency Medical Treatment and Labor Act (EMTALA).
EMTALA requires hospitals receiving Medicare funds to screen and stabilize patients in medical emergencies, regardless of their ability to pay. Guidance from the Biden administration indicated that emergency abortions might be required under EMTALA, but this guidance was later rescinded by the Trump administration, raising concerns about inconsistent access to emergency care.
Supporters of the Maryland legislation argue it encourages patients experiencing severe pregnancy complications to seek emergency treatment, regardless of a hospital's religious affiliation. Opponents, including anti-abortion groups, contend that the law exceeds EMTALA's requirements and could infringe on physicians' religious objections to abortion. The legislation is expected to face legal challenges regarding First Amendment rights and religious freedom under the Maryland State Constitution.