University of Kansas Health investigated for not providing emergency abortion

University of Kansas Health in KCK and Freeman Health in Joplin, Missouri are under investigation for failing to provide an emergency abortion.

KANSAS CITY, Kan. -- A federal investigation claims a Kansas City-area hospital, and another hospital in Missouri, put a pregnant woman's life at risk when doctors refused to provide an emergency abortion.

The Centers for Medicare & Medicaid issued formal notices to University of Kansas Health, in Kansas City, Kansas, and Freeman Health System in Joplin, Missouri.

The investigation is in response to a complaint filed by Mylissa Farmer, of Joplin, in November 2022.

According to Health and Human Services, Farmer went to both hospitals for treatment after experiencing complications nearly 18 weeks into her pregnancy.

After consulting with doctors at each hospital Farmer and her boyfriend said they wanted to end the pregnancy and save Farmer's life.

Freeman Health referred her to the University of Kansas Health System, saying it was a larger hospital and would be able to help her.

Farmer claims that after driving to Kansas City the hospital told her they couldn't provide the abortion because of Kansas abortion law. However, in Kansas, abortion is strictly limited after 22 weeks.

After a vote on the "Value Them Both" amendment failed in August 2022, the Kansas state constitution continues to recognize the right to an abortion.

Farmer survived and eventually traveled to an abortion clinic in Illinois, according to the Associated Press.

After the Supreme Court overturned Roe v. Wade, the Biden Administration issued guidance saying federal law preempts state abortion bans when needed for emergency care.

Farmer says she did not receive that care at either the University of Kansas Health System or Freeman Health System.

"During her visits to two different hospitals, the patient was not offered the care that her doctors determined was necessary to stabilize those emergency medical conditions -- not because of the clinical judgment of her providers, but because the hospital policies would not allow an abortion to be performed," said Xavier Becerra, Health and Human Services Director.

Health and Human Services says both hospitals have taken steps towards coming into compliance, but the government says the issue is not closed at this point.

The University of Kansas Health System issued the following statement about the notice.

The care provided to the patient was reviewed by the hospital and found to be in accordance with hospital policy. It met the standard of care based upon the facts known at the time, and complied with all applicable law. There is a process with CMS for this complaint and we respect that process. The University of Kansas Health System follows federal and Kansas law in providing appropriate, stabilizing, and quality care to all of its patients, including obstetric patients.

Statement from the University of Kansas Health System

Freeman Health System has not commented on the claim.

Centers for Medicare and Medicaid services has not announced fines or other penalties against the two hospitals according to the Associated Press.