Articles and Blogs

On February 16, 2024, the Supreme Court of Alabama (“the Court”) published a decision in LePage v. Center for Reproductive Medicine (“LePage“), holding that frozen embryos are considered children under Alabama’s Wrongful Death of a Minor Act (the “Act”), which provides parents with a private right of action against any person whose wrongful act,... READ MORE

On August 16, 2023, a three-judge panel of the Fifth Circuit Court of Appeals issued an opinion in the ongoing litigation regarding the U.S. Food & Drug Administration (“FDA”) approval and regulation of mifepristone (brand name Mifeprex), a drug used in medically induced abortions. The panel vacated in part and affirmed in part a... READ MORE

Earlier this summer the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) released new guidance (“Guidance”) directed at retail pharmacies that details obligations to ensure comprehensive and nondiscriminatory access to reproductive health care services. This Guidance comes on the heels of a slew of recent legal changes, namely the Dobbs... READ MORE

On July 11, 2022, Department of Health and Human Services (“HHS”) Secretary Xavier Becerra issued a letter outlining obligations and protections under the Emergency Medical Treatment and Active Labor Act (“EMTALA”) with regard to the clinical judgment and treatment actions undertaken by health care providers in their evaluation and care of pregnant patients. On... READ MORE

On June 29, 2022, the Office for Civil Rights (“OCR”) in the U.S. Department of Health & Human Services (“HHS”) released a notice and guidance on the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the protection of patient information relating to reproductive health care (the “Notice”). The Notice also describes example situations involving... READ MORE

Abortion is no longer a federal constitutional right. As a result of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health, states may regulate abortion in a manner consistent with their own state constitutions and judicial precedent. The Dobbs decision overruled the Court’s own 1973 decision in Roe v. Wade, which... READ MORE

The Supreme Court of the United States has issued its highly anticipated decision in Dobbs v. Jackson Women’s Health. The decision holds that there is no federal constitutional right to an abortion and will result in a sea change in how abortions will be regulated. The Ruling While many organizations with varying perspectives or... READ MORE