Attorney General Bonta: Providence St. Joseph Hospital to Fully Comply with California’s Emergency Services Law

Stipulation resolves Attorney General Bonta’s motion for preliminary injunction in the case

OAKLAND – California Attorney General Rob Bonta secured a stipulation from Providence St. Joseph Hospital that will ensure the hospital follows California law while the case proceeds. The stipulation follows the Attorney General’s lawsuit alleging that the hospital violates multiple laws, including California's Emergency Services Law (ESL) by, as a matter of policy, denying pregnant patients the emergency abortion care they need. The stipulation, which is subject to court approval, resolves the Attorney General’s preliminary injunction motion, as Providence voluntarily agreed to comply with all the terms the Attorney General requested in its proposed injunction. The lawsuit remains ongoing.

“While Providence St. Joseph should have been complying with state law up to now, thereby avoiding the harm and trauma to Californians they caused, I am pleased that the hospital has agreed to fully comply with the law going forward, ensuring access to life-saving health services including emergency abortion care,” said Attorney General Bonta. “At the California Department of Justice, we believe that abortion care is healthcare. We will ensure that this right is upheld and will continue to hold accountable those who break the law.” 

Under the stipulation, the hospital will specifically:

• Allow its physicians to terminate a patient’s pregnancy whenever the treating physicians determine in their professional judgment that failing to immediately terminate the pregnancy would be reasonably expected to place the patient’s health in serious jeopardy; result in serious impairment to the patient’s bodily functions; or result in serious dysfunction of any bodily organ or part of the patient.
• Comply with ESL’s pre-transfer treatment requirements. In particular, Providence Hospital may not transfer a pregnant patient without first providing emergency services and care (including where applicable terminating a pregnancy) such that there is a reasonable medical probability that the transfer or the delay caused by the transfer will not result in a material deterioration in the medical condition in, or jeopardy to, the patient’s medical condition or expected chances for recovery.
• Follow the policy and protocol requirements of the ESL under Health & Safety Code section 1317.2.  In particular, Providence Hospital may not “discharge” patients with instructions to self-transport to another facility and Providence Hospital must comply will all applicable protocols and regulations for transfers prescribed by the California Department of Public Health. 
• That Providence “without admitting any liability related to the claims asserted in this Action and consistent with its high standards for safe, quality, compassionate care; and the People, without waiving any allegations regarding the hospital's prior conduct as detailed in the Complaint, agrees to fully comply with California’s ESL, Health & Safety Code section 1317, et. seq. with respect to pregnant patients experiencing emergency medical conditions.”

A copy of the parties’ stipulation can be found here.