Assemblymember Bauer-Kahan Introduces AB 290 to Strengthen Protections for Women Seeking Emergency Reproductive Healthcare

[Sacramento, CA] – On the anniversary of the landmark Roe v. Wade decision, Assemblymember Rebecca Bauer-Kahan introduced AB 290, a bill designed to protect women seeking emergency reproductive healthcare by increasing civil penalties for hospitals that fail to provide life-saving care in emergencies.

“A woman’s health and life should never be compromised by a hospital’s failure to act during a medical emergency,” said Assemblymember Bauer-Kahan. “With AB 290, we’re taking decisive steps to ensure hospitals provide timely, necessary care when it matters most.”

Background
When serious pregnancy complications arise, hospitals are required under California law (Section 1317 of the Health and Safety Code) and federal law (Emergency Medical Treatment and Labor Act) to provide care to preserve the health and life of the patient. Despite these protections, recent cases have revealed alarming lapses in compliance.

In one high-profile case, the California Department of Justice filed suit in 2024 against Providence St. Joseph’s Hospital for denying emergency care to Anna Nusslock, who was suffering from previable PPROM, a life-threatening condition. The hospital allegedly discharged her without providing a necessary abortion, forcing her to travel to another hospital 20 minutes away. By the time she arrived, she was hemorrhaging.

Civil penalties for noncompliance have not been updated since 1987, leaving outdated consequences that fail to deter such violations.

What AB 290 Does
AB 290 strengthens protections for patients by:

• Increasing civil penalties for hospitals that fail to provide emergency reproductive healthcare to one million dollars.
• Establishing additional civil liabilities for hospitals that violate injunctions related to previous failures to provide care.

These changes will modernize accountability measures and incentivize compliance with both state and federal laws.

A Comprehensive Approach to Reproductive Healthcare
AB 290 builds on Assemblymember Bauer-Kahan’s legislative leadership in defending reproductive rights. Previously introduced bills this session include:

• AB 45: Protects health data privacy by prohibiting geofencing around healthcare providers and shielding research records from out-of-state subpoenas that interfere with abortion rights.
• AB 67: Grants the Attorney General authority to enforce penalties against local governments that obstruct reproductive healthcare, ensuring statewide accountability and access.

“California must continue to lead the fight for women’s autonomy and reproductive rights,” said Assemblymember Bauer-Kahan. “These legislative efforts reaffirm our commitment to ensuring that every woman can make decisions about her own body without barriers, fear, or discrimination. We will not back down in the fight for equality and access to healthcare.”