Courts block defunding of Planned Parenthood

Posted on October 23, 2012 | No Comments
Filed under Judiciary, Legal Challenges, Medicaid and CHIP, Public Health

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Federal judges Friday and today ruled that Arizona and Indiana, respectively, cannot halt public funding to Planned Parenthood for general healthcare services that don’t include abortion.

In Arizona, the preliminary injunction by U.S. District Judge Neil Wake bars the state from applying a new state anti-abortion law to Planned Parenthood Arizona. The state already prohibits public funding for most abortions. The new law, passed earlier this year but not yet implemented, would go so far as to bar public funding for general health care services provided by entities that also provide abortions. Supporters of the new law said that public funding for agencies like Planned Parenthood indirectly subsidizes abortions. Judge Wake ruled that the subsidies could in no way fund abortions because Medicaid reimbursements to Planned Parenthood Arizona cover only about half of the costs and thus, the Judge ruled that, ”there is no excess funding that could be used to subsidize abortions.” The Judge found that it is in the best interest of Arizona to block the law’s implementation to prevent some 3,000 patients from being denied health care delivery from their chosen health care providers.

In Indiana, a federal appeals court similarly ruled that the state cannot cut off funding for Planned Parenthood just because they provide abortions, amongst many other health care services. The 7th U.S. Circuit Court of Appeals in Chicago upheld a lower court decision that found that Indiana cannot enforce a state law that barred abortion providers from collecting Medicaid reimbursements for any health care services provided.

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