Hawaii 2026 Regular Session

Hawaii House Bill HR5

Introduced
1/23/26  
Refer
3/10/26  
Report Pass
4/1/26  

Caption

Affirming And Supporting The Requirement That Hospitals Provide Life-saving Emergency Care To Pregnant People, Including Reproductive And Abortion Services, When Such Care Is Medically Necessary To Stabilize A Patient Under The Emergency Medical Treatment And Active Labor Act.

Impact

The enactment of HR5 would solidify the legal obligation of hospitals in Hawaii to provide emergency care related to pregnancy complications. This includes the provision of abortion services if deemed necessary for the stabilization of the patient. The resolution highlights a critical concern that recent federal changes and the lack of clear guidance may lead to inconsistencies in care, particularly in states where abortion access is restricted. By formally recognizing the importance of these services, HR5 aims to protect the health and safety of pregnant individuals in Hawaii, aligning state laws with the intended protections of EMTALA.

Summary

House Resolution 5 (HR5) affirms and supports the requirement that hospitals provide life-saving emergency care to pregnant individuals, including reproductive and abortion services, when such care is medically necessary to stabilize a patient under the Emergency Medical Treatment and Active Labor Act (EMTALA). This resolution is particularly significant given recent federal policy shifts that have caused confusion over the application of EMTALA, especially regarding emergency abortion care. The resolution aims to clarify Hawaii's commitment to uphold standards of care for pregnant patients in emergency situations, ensuring that they receive necessary medical treatment without unnecessary delays or denials.

Contention

While the resolution is framed as a protective measure for patients, it is not without contention. The assertion of the requirement for hospitals to provide emergency abortion services may be met with opposition from some religiously affiliated institutions that argue for conscience-based exemptions. The bill emphasizes that EMTALA does not allow for such exemptions, placing the focus squarely on the health needs of the patient. This tension between adhering to medical standards and respecting religious beliefs may spark debate within the state and potentially impact how hospitals operate under the new guidelines. Thus, while HR5 seeks to reinforce patient rights, it also opens discussions on the intersection of healthcare, ethics, and patient access to necessary treatments.

Companion Bills

HI HCR6

Same As Affirming And Supporting The Requirement That Hospitals Provide Life-saving Emergency Care To Pregnant People, Including Reproductive And Abortion Services, When Such Care Is Medically Necessary To Stabilize A Patient Under The Emergency Medical Treatment And Active Labor Act.

HI SR7

Same As Affirming And Supporting The Requirement That Hospitals Provide Life-saving Emergency Care To Pregnant People, Including Reproductive And Abortion Services, When Such Care Is Medically Necessary To Stabilize A Patient Under The Emergency Medical Treatment And Active Labor Act.

Previously Filed As

HI HB1179

Relating To Rural Emergency Hospitals.

HI SB556

Relating To Rural Emergency Hospitals.

HI SB866

Relating To Emergency Medical Services.

HI HR138

Requesting The Attorney General To Investigate Whether Crisis Pregnancy Centers Operating In The State Are Complying With Patient Privacy Regulations.

HI HB1106

Relating To The State Emergency Medical Services Advisory Committee.

HI SB1425

Relating To The State Emergency Medical Services Advisory Committee.

HI HR194

Strongly Supporting And Recommending The Implementation Of The Revised 2025 Hawaii Patient Bill Of Rights.

HI HR105

Supporting Free And Responsible Scholastic Journalism And Actively Supporting And Honoring The First Amendment Of The United States Constitution In Student Publications.

HI HCR144

Requesting The Attorney General To Investigate Whether Crisis Pregnancy Centers Operating In The State Are Complying With Patient Privacy Regulations.

HI HCR202

Strongly Supporting And Recommending The Implementation Of The Revised 2025 Hawaii Patient Bill Of Rights.

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