An Indiana law that attempted to block all federal and state Medicaid funding of Planned Parenthood (or any organization that provides abortion as one of its services) was struck down by the Seventh Circuit Court of Appeals.
The importance and scope of the decision should not be overstated. While supporters of Planned Parenthood are touting this (correctly) as a victory, the grounds on which the law was struck down were fairly narrow.
Federal law requires that Medicaid money be given to any organization that is able to provided quality medical services to Medicaid recipients. Planned Parenthood meets the threshold definition of a qualified medical facility; therefore, it can't be denied Medicaid money by a Medicaid-participating state like Indiana.
Here is a relavant excerpt from the decision (via Politico):
In short, while poor patients will benefit from the decision, it does not establish some kind of broader constitutional right. If Mitt Romney becomes president, it is feasible that the President and Congress could simply modify the language regarding Medicaid funding to allow states to cut off funds for any organization that provides abortions, even for non-abortion services.
Links:
Article, by the Associated Press, in Politico (October 23, 2012): Court blocks defunding of Planned Parenthood in Indiana
Link to the Seventh Circuit decision: Planned Parenthood of Indiana v. Comm. of the Indiana State Dept. of Health (October 23, 2012)
The importance and scope of the decision should not be overstated. While supporters of Planned Parenthood are touting this (correctly) as a victory, the grounds on which the law was struck down were fairly narrow.
Federal law requires that Medicaid money be given to any organization that is able to provided quality medical services to Medicaid recipients. Planned Parenthood meets the threshold definition of a qualified medical facility; therefore, it can't be denied Medicaid money by a Medicaid-participating state like Indiana.
Here is a relavant excerpt from the decision (via Politico):
Indiana can still prevent state money from paying for abortions, just as the federal government does (with exceptions). It just can't deny funding for non-abortion services."The defunding law excludes Planned Parenthood from Medicaid for a reason unrelated to its fitness to provide medical services, violating its patients' statutory right to obtain medical care from the qualified provider of their choice," the ruling said.
In short, while poor patients will benefit from the decision, it does not establish some kind of broader constitutional right. If Mitt Romney becomes president, it is feasible that the President and Congress could simply modify the language regarding Medicaid funding to allow states to cut off funds for any organization that provides abortions, even for non-abortion services.
Links:
Article, by the Associated Press, in Politico (October 23, 2012): Court blocks defunding of Planned Parenthood in Indiana
Link to the Seventh Circuit decision: Planned Parenthood of Indiana v. Comm. of the Indiana State Dept. of Health (October 23, 2012)
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