Wednesday January 29th, 2025

At Confirmation Hearing, Cortez Masto Spars with RFK Jr. on Commitment to Protecting Abortion Access, Lowering Drug Prices

In the hearing, RFK Jr. said he “didn’t know” if a woman experiencing a life-threatening condition had the right to an abortion.

Senator Cortez Masto will not vote to confirm Mr. Kennedy to lead the HHS.

Washington, D.C. – U.S. Senator Catherine Cortez Masto (D-Nev.) questioned Robert F. Kennedy, Jr., President-elect Trump’s nominee for Secretary of Health and Human Services (HHS) about a woman’s access to life-saving abortion care and President Trump’s Executive Order rescinding Biden-era actions to lower drug prices. Following his distressing answers at the hearing, Senator Cortez Masto announced she would not vote to confirm him to lead HHS.

First, Senator Cortez Masto asked Mr. Kennedy to acknowledge that a woman having a heart-attack had the right, under a 40-year old federal law, to be given emergency care in hospitals that receive Medicare payments. Mr. Kennedy agreed that she did. Then, Cortez Masto asked “A pregnant woman with life-threatening bleeding from an incomplete miscarriage goes to the ER, and her doctor determines that she needs an emergency abortion. But, she’s in a state where abortion is banned. You would agree also…that federal law protects her right to that emergency care, correct?”

“Uh…I don’t know,” Mr. Kennedy responded. Under the Emergency Medical Treatment and Active Labor Act (EMTALA) hospitals must provide lifesaving and stabilizing care to patients experiencing medical emergencies, which can include abortion care. Mr. Kennedy also did not know that HHS investigates hospitals who don’t comply with EMTALA.

Cortez Masto also highlighted that one of President Trump’s first actions in the White House was to revoke a Biden-era executive order that pushed to cut prescription drug costs, and that House Republicans have repeatedly stated that they hope to repeal the Inflation Reduction Act which significantly lowered drug prices for thousands of Americans. She asked Mr. Kennedy what he would do to lower drug costs.

Mr. Kennedy repeatedly referenced a executive order by the Trump Administration supporting the drug negotiation language passed in the Inflation Reduction Act. While the Centers for Medicare and Medicaid Services did put out a statement today saying they are “committed to incorporating lessons learned to date from the program” into future actions, no such executive order exists. Mr. Kennedy did not offer any additional suggestions to lower drug prices for Americans.

Mr. Kennedy also displayed a concerning lack of understanding of how Medicaid and Medicare support Nevadans, including by helping keep the doors open for many rural hospitals and community health centers.

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