In response to the overturn of Roe, the Biden administration highlighted the role of the Emergency Medical Treatment and Labor Act (EMTALA), which states that any hospital receiving Medicare funds must screen and stabilize patients for emergency medical conditions regardless of whether or not a patient could pay. In a post-Roe world, if a physician believes a pregnant patient has an emergency medical condition as defined by EMTALA and that an abortion is necessary, the physician must provide that treatment even where state law contravenes.

By challenging EMTALA, Texas is signaling that it is okay with patient dumping—especially when those patients are pregnant.