Expressing the sense of the House of Representatives that every person has the basic right to emergency health care, including abortion care.

Bill Number

H.Res. 238

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Health

Status

Introduced

Latest Action

2025-03-21: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-04-17T08:07:20Z

AI-Generated Summary

Purpose

This House Resolution (H. Res. 238) aims to express the non-binding sense of the U.S. House of Representatives that every person has a fundamental right to emergency health care, explicitly including abortion care, without fear of legal repercussions or discrimination.

Key Provisions

• Core Statement: The resolution declares it the sense of the House that all individuals, including pregnant people, are entitled by law to receive necessary emergency care to protect their health and lives, encompassing abortion services.
• Supporting Rationale (Whereas Clauses):
• Abortion bans and restrictions endanger the health and lives of pregnant individuals by forcing medical providers to choose between providing stabilizing care or risking criminal charges.
• Such laws disproportionately harm marginalized groups, including Black, Indigenous, people of color, immigrants, low-income individuals, and LGBTQI+ people, who face higher scrutiny under the legal system.
• Emergency departments must provide care without discrimination, as delays or denials can be life-threatening.
• Abortion restrictions exacerbate risks for patients of color, who experience higher rates of severe pregnancy complications.
• Examples of affected emergencies include heart failure or high blood pressure from prior pregnancies, premature rupture of membranes, severe bleeding or infection, placenta previa (a condition where the placenta covers the cervix), and missed miscarriages.
• The resolution was introduced by Representative Sykes and numerous co-sponsors on March 21, 2025, and referred to the House Committee on Energy and Commerce.

Significant Changes to Existing Law

• This is a resolution, not a bill that enacts new laws or amends statutes. It does not create enforceable changes but reaffirms existing federal obligations under laws like the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals receiving Medicare funds to provide stabilizing emergency treatment regardless of ability to pay.
• It highlights conflicts between state abortion restrictions and federal emergency care mandates but does not resolve them legally.

Potential Impacts

• On Citizens: Could raise awareness about access to emergency care, particularly for pregnant individuals in states with strict abortion laws, potentially encouraging providers to offer care more confidently. However, as a symbolic measure, it has no direct enforcement power and may not immediately alter patient experiences.
• On Government Agencies: May influence the Department of Health and Human Services (HHS) or Centers for Medicare & Medicaid Services (CMS) in enforcing EMTALA, but it does not mandate new actions or funding.
• On International Relations: Minimal to none, as this is a domestic policy statement focused on U.S. health care rights.
• Broader effects might include shaping public discourse or supporting future legislation, but it risks deepening political divides on reproductive rights.

Main Stakeholders Affected

• Pregnant Individuals: Especially those in medical emergencies, with disproportionate impacts on Black, Indigenous, and other patients of color facing higher complication risks.
• Medical Providers: Doctors and hospitals that may hesitate to provide abortion-related care due to state laws, facing potential criminal penalties.
• Marginalized Communities: Low-income, immigrant, and LGBTQI+ groups more vulnerable to legal scrutiny and care denials.
• Lawmakers and Policymakers: House members, state legislators, and federal agencies involved in health policy, who may reference this in debates or enforcement decisions.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces interpretations of EMTALA as protecting abortion in life-threatening emergencies but does not challenge state laws directly (e.g., post-Dobbs v. Jackson Women's Health Organization, which overturned federal abortion rights in 2022). It could support ongoing lawsuits alleging EMTALA violations by state bans.
• Constitutional: Touches on tensions between federal emergency care mandates and state authority over health regulations, potentially invoking the Supremacy Clause (which prioritizes federal law over conflicting state laws) without creating new precedent.
• Political: Serves as a partisan signal in the reproductive rights debate, introduced by Democratic lawmakers amid ongoing state-level restrictions. As a "sense of the House" resolution, it is symbolic and unlikely to pass in a divided Congress but may galvanize advocacy or influence midterm elections.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Sykes, Emilia Strong [D-OH-13]

Cosponsors (111)

Rep. Sherrill, Mikie [D-NJ-11], Rep. Auchincloss, Jake [D-MA-4], Rep. Balint, Becca [D-VT-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Bell, Wesley [D-MO-1], Rep. Beyer, Donald S. [D-VA-8], Rep. Brown, Shontel M. [D-OH-11], Rep. Brownley, Julia [D-CA-26], Rep. Budzinski, Nikki [D-IL-13], Rep. Carson, André [D-IN-7], Rep. Carter, Troy A. [D-LA-2], Rep. Castor, Kathy [D-FL-14], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Chu, Judy [D-CA-28], Rep. Cisneros, Gilbert Ray, Jr. [D-CA-31], Rep. Cohen, Steve [D-TN-9], Rep. Craig, Angie [D-MN-2], Rep. Crockett, Jasmine [D-TX-30], Rep. Davis, Danny K. [D-IL-7], Rep. Dean, Madeleine [D-PA-4], Rep. DeGette, Diana [D-CO-1], Rep. DeLauro, Rosa L. [D-CT-3], Rep. DelBene, Suzan K. [D-WA-1], Rep. Doggett, Lloyd [D-TX-37], Rep. Elfreth, Sarah [D-MD-3], Rep. Espaillat, Adriano [D-NY-13], Rep. Foster, Bill [D-IL-11], Rep. Frankel, Lois [D-FL-22], Rep. Friedman, Laura [D-CA-30], Rep. Frost, Maxwell [D-FL-10], Rep. Garcia, Robert [D-CA-42], Rep. Goldman, Daniel S. [D-NY-10], Rep. Gottheimer, Josh [D-NJ-5], Rep. Hayes, Jahana [D-CT-5], Rep. Horsford, Steven [D-NV-4], Rep. Huffman, Jared [D-CA-2], Rep. Jacobs, Sara [D-CA-51], Rep. Johnson, Julie [D-TX-32], Rep. Kaptur, Marcy [D-OH-9], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Khanna, Ro [D-CA-17], Rep. Landsman, Greg [D-OH-1], Rep. Larsen, Rick [D-WA-2], Rep. Larson, John B. [D-CT-1], Rep. Lee, Susie [D-NV-3], Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Magaziner, Seth [D-RI-2], Rep. McBride, Sarah [D-DE-At Large], Rep. McClain Delaney, April [D-MD-6], Rep. McGovern, James P. [D-MA-2] and 61 more

Recent Actions

• 2025-03-21: Referred to the House Committee on Energy and Commerce.
• 2025-03-21: Submitted in House
• 2025-03-21: Submitted in House

Bill Versions

• Expressing the sense of the House of Representatives that every person has the basic right to emergency health care, including abortion care. — issued 2025-03-21 — PDF (3 pages)