Idaho Attorney General Raul Labrador said he “doesn't want to think” that hospital administrators are disclosing the number of emergency flights out of the state “just to make a political statement.”
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Idaho Attorney General Raul Labrador said he “doesn't want to think” that hospital administrators are disclosing the number of emergency flights out of the state “just to make a political statement.”
Andrew Harnik/Getty Images
The Supreme Court heard arguments Wednesday on whether Idaho's strict abortion ban applies in an emergency situation. The state's largest hospital system says the number of people needing to fly out of Idaho for emergency abortions has skyrocketed since the ban went into effect.
In 2023, Idaho's emergency abortion ban was put on hold by a federal court. St. Luke's Health System said it only had to send one patient out of state for an emergency abortion that year. The Supreme Court lifted the hold in January, saying St. Luke's must then airlift six patients to neighboring states for emergency abortions within the next three months.
“If we translate that into an annualized number, we expect up to 20 patients to require out-of-state treatment this year alone,” said Dr. Jim Souza, chief physician at St. Luke's Hospital.
Idaho law allows doctors to terminate a pregnancy only to save a life, not to protect the mother's health. In 2022, a federal court put that portion of the law on hold, saying Idaho's definition of a medical emergency may be too narrow. The Supreme Court lifted the stay in January while it considered the case.
Previously, emergency doctors acted as quickly as possible to protect patients' health and future fertility, Souza said. But since January, doctors have been left on the back burner about when to intervene, he said.
“Is she sick enough? Is she bleeding enough? Is she septic and can I do this abortion without risking going to jail and losing my license? ?'' Souza said at a news conference ahead of the Supreme Court hearing that doctors are asking themselves that question. “And when the guessing game becomes too unpleasant, the doctor will transport the patient to another state where he or she is allowed to practice medicine at very high cost.”
Sending patients away is a waste of hospital resources and dangerous for patients, he added.
“Flying someone in a whirlwind to another state causes obvious delays in care,” Souza said. “If she's being transported and she starts bleeding right away, the resources you have are no longer tertiary care center resources. They are helicopter resources.”
Idaho attorney general disputes numbers
At a press conference after Wednesday's opening arguments at the Supreme Court, Idaho Attorney General Raul Labrador said he wondered if St. Luke's Hospital was airlifting patients “just to make a political statement.” suggested.
He said hospitals are communicating “misinformation” about the number of patients being transported out of state for emergency abortions.
“I've talked to the ER doctors, and they're talking about the same ER room,” Labrador said at a news conference. “They say they have no idea what this administrator is talking about,” he said.
In an email replying to Ms. Labrador's comments, St. Luke's stands by the patients and said the patients were transferred out of state “to protect their health and to prevent material deterioration or organ function loss.” “It's to prevent loss, not death.”
“While there is no way to know who Attorney General Raul Labrador has spoken with regarding out-of-state patient transfers due to pregnancy complications, we can confidently share the data,” the statement said.
Labrador also criticized the use of St. Luke's numbers in arguments by the U.S. attorney who is challenging the Idaho law before the Supreme Court.
“They're trying to intimidate people into doing what they want,” he says.
Arguments against Idaho's abortion ban
Attorney Elizabeth Preloger testified before the judges, calling the increased transport of pregnant patients in crisis “unacceptable.”
“If a woman comes to the emergency room with a serious threat to her health, but is not yet facing death, her doctor will either delay treatment and allow her condition to deteriorate significantly, or she will be sent to an out-of-state hospital.” We have to either airlift her out,' so she can get the emergency treatment she needs,'' she said.
The U.S. government argues that it violates the Emergency Medical Treatment Act (EMTALA), a federal mandate that requires hospitals to receive Medicare funds to stabilize patients in emergencies.
Mr. Laborador disagrees.
“The reality is our law is very clear,” he said Wednesday.
“It protects doctors, it protects women, it protects fetuses, and it ensures that doctors can use a subjective standard if they believe the mother's life is in danger.” he said, adding that the law allows it in these cases. To perform an abortion.
Doctors, hospitals and medical associations say Idaho's abortion law is causing an exodus of reproductive health professionals from the state. The Idaho Coalition for Safe Care says research shows the state has seen a 22% decline in the number of obstetricians and gynecologists since the ban went into effect.
With the repeal of Roe v. Wade in 2022, allowing Idaho's new abortion law to take effect, any doctor in Idaho who performs an abortion that does not fall under the law will be charged with a felony, including up to five years in prison and losing their medical license. may be subject to deprivation. exception. These include rape, incest, and cases where the mother's life is in danger.
In July 2023, Idaho's abortion ban was amended to exclude ectopic and molar pregnancies. These pregnancies, if not terminated, can lead to the death of both mother and fetus.
But some doctors say the document remains inconsistent with the duty of care and does not take into account the wide range of serious medical complications women may face during pregnancy, including loss of fertility. He said he had not.
No doctors have been charged in the state since the state's ban went into effect.
The Supreme Court is expected to issue a decision by summer.
