Catholic hospitals bound by religious directives allegedly deny some pregnant women emergency care

Non-profit organization American Civil Liberties Union has taken legal action against the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. It is asking the court to have them release agency records showing complaints made against Catholic hospitals for having denied some pregnant women with appropriate care.

"We've heard heartbreaking stories from women who rushed to a Catholic hospital in an emergency but were turned away because the hospital let religious rules written by bishops dictate what medical care could be provided," ACLU Senior Staff Attorney Brigitte Amiri said in a statement released on May 24. "Today, we are seeking complaints filed with the government about these unlawful and harmful practices. We call on the government to undertake a systematic investigation into the denial of appropriate care in Catholic hospitals and to take action to protect women and ensure that they get the care they need."

The complaints, the group believes, describe major blood loss, life-threatening infections, and other serious harm that pregnant women have experienced because Catholic hospitals refused to provide them with information and appropriate reproductive health care.

"As of 2016, one in six hospital beds is in a facility that adheres to Catholic restrictions on care," the lawsuit reads. "These restrictions, known as the Ethical and Religious Directives for Catholic Health Care Services, are issued by the U.S. Conference of Catholic Bishops. They prohibit clinicians from providing reproductive health care such as sterilization and abortion, even when the woman's health or life is in danger."

The legal document says that Catholic hospitals receive federal Medicare and Medicaid funding amounting to billions of dollars, with the four top U.S. Catholic health systems having received more than $90 billion in 2016 . There are conditions for receiving such federal funding, including giving stabilizing care for patients in emergency medical conditions -- which, in some cases, mean terminating pregnancy. 

ACLU believes that some Catholic hospitals have violated the Emergency Medical Treatment and Active Labor Act law, and that complaints have been submitted to the CMS. In 2014, they asked the CMS for copies of documents on alleged EMTALA violations and improper care, among others, but they received only a few. They made another request in 2015 but there was no response, and the time limit in accordance to the Freedom of Information Act regulations has lapsed.

"Given the seriousness of the EMTALA and COP violations at issue, it is crucial that the requested documents are disclosed so that the public can ascertain whether hospitals receiving federal funds are violating federal laws designed to protect patient health and safety," the legal documents says. "Accordingly, this Court should order Defendants to provide the requested records to the ACLU immediately."