Investigation finds MO, KS hospitals violated federal law by denying Joplin woman abortion
A federal investigation found that two hospitals violated federal law by denying a Joplin woman an emergency abortion when her water broke at 17 weeks.
Mylissa Farmer is a Joplin woman who was turned away from both hospitals in August 2022 after her water broke 18 weeks into her pregnancy. Farmer, who eventually traveled to Illinois to terminate her pregnancy after it was deemed "not viable," said she was unable to get help in Missouri, which about a month earlier had instituted a broad ban on abortion.
In early November, the National Women's Law Center, representing Farmer, requested an investigation into whether Freeman Hospital in Joplin and University of Kansas Medical Center violated the federal Emergency Medical Treatment and Active Labor Act.
First reported by the Associated Press Monday morning, the Centers for Medicare and Medicaid Services confirmed via email Monday morning that an investigation had taken place and the hospitals were informed of the steps needed to comply with EMTALA.
Federal law, which requires doctors to treat patients in emergency situations, trumps those state laws, the nation's top health official said in a statement.
"Fortunately, this patient survived. But she never should have gone through the terrifying ordeal she experienced in the first place," Health and Human Services Secretary Xavier Becerra said. "We want her, and every patient out there like her, to know that we will do everything we can to protect their lives and health, and to investigate and enforce the law to the fullest extent of our legal authority, in accordance with orders from the courts."
Freeman Hospital in Joplin has not returned a request for comment.
"The care provided to the patient was reviewed by the hospital and found to be in accordance with hospital policy. It met the standard of care based upon the facts known at the time, and complied with all applicable law. There is a process with CMS for this complaint and we respect that process," said a statement from the University of Kansas Health System. "The University of Kansas Health System follows federal and Kansas law in providing appropriate, stabilizing, and quality care to all of its patients, including obstetric patients."
More: Rep. Crystal Quade requests records of MO investigation into Joplin woman, hospital
"We're incredibly glad that the Biden-Harris administration took decisive action here to protect the rights of pregnant patients needing emergency abortions. This enforcement action makes it loud and clear that no one should be refused emergency health care, including when that health care is an abortion," said Alison Tanner, NWLC's litigation senior counsel for reproductive rights and health. "EMTALA has been around for 40 years, but the Supreme Court's decision in Dobbs has created a public health crisis, so these enforcement actions are necessary to help guide hospitals in making sure that no other patient experiences what our client Mylissa Farmer experienced in August of 2022."
The NWLC complaint launched one of two investigations into the hospitals. The other investigation was authorized on Oct. 20 by the Center for Medicare and Medicaid Services, and was into Freeman Hospital in Joplin, according to the Missouri Department of Health and Senior Services.
“I am pleased with this decision, but pregnant people across the country continue to be denied care and face increased risk of complications or death, and it must stop,” Farmer said. “I was already dealing with unimaginable loss and the hospitals made things so much harder. I’m still struggling emotionally with what happened to me, but I am determined to keep fighting because no one should have to go through this.”
Yamelsie Rodriguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, said in a statement that health care providers "have a legal and ethical obligation" to provide care, and that no one should have to travel out of state to receive necessary medical procedures.
"Although Missouri’s dangerous abortion ban excludes 'medical emergencies,' emergency room doctors and hospital lawyers are frightened to provide abortion care because of the ban’s medically fraught definition of medical emergency and an overzealous attorney general," Rodriguez said. "Abortion 'exceptions' are only serving to harm people who need care and are leading medical authorities like the American College of Obstetricians and Gynecologists to warn against any and all governmental interference in the practice of medicine.”
If hospitals don't comply, they won't be able to participate in Medicare
Hospitals that don't abide by CMS guidelines are at risk of not receiving Medicare funding. When deficiencies are identified, hospitals must make corrections "in a timely manner" and then have the corrections verified onsite by surveys, according to CMS.
"CMS is committed to investigating allegations of noncompliance with EMTALA. The agency acted promptly to investigate and identify the violations at Freeman Health System in Joplin, Missouri, and the University of Kansas hospitals in Kansas City, Kansas,” said a CMS spokesperson.
"CMS is committed to investigating allegations of noncompliance with EMTALA. The agency acted promptly to investigate and identify the violations at Freeman Health System in Joplin, Missouri, and the University of Kansas hospitals in Kansas City, Kansas,” said a CMS spokesperson.
While the violations have been identified, CMS cases aren't closed until a hospital is verified to be in-compliance. According to CMS, the organization will work closely with the hospitals as they take steps toward compliance and verification.
This story contains reporting from the Associated Press. Susan Szuch is the health and public policy reporter for the Springfield News-Leader. Follow her on Twitter @szuchsm. Story idea? Email her at sszuch@gannett.com.
This article originally appeared on Springfield News-Leader: CMS: MO, KS hospitals violated law by denying Joplin woman abortion
