Defunding Planned Parenthood Is Illegal

I am happy to report that defunding Planned Parenthood is illegal and unconstitutional!

This was declared by the Department of Health and Human Services (HHS) and the Medicaid Administrator Don Berwick.

Indiana signed into law the defunding of Planned Parenthood last month, but in a letter sent to Indiana’s Medicaid director, Berwick rejected Indiana’s proposed State Plan Amendment and wrote “that federal law requires Medicaid beneficiaries to be able to obtain services from any provider qualified to provide services.”

This letter hammers the nail down on the latest guideline from the Center for Medicare and Medicaid Services that specifically bars states from excluding abortion providers from their Medicaid programs.

Needless to say, Planned Parenthood was thrilled by this decision (and so are we).

“The HHS letter is a strong rebuke to Indiana and serves as a warning to other states that attempts to bar federal funding for Planned Parenthood violate Medicaid law,” Planned Parenthood President Cecile Richards said.

Already the letter is having effect in other states moving towards a similar plan. Republicans in the Tennessee state Legislature have abandoned attempts to defund Planned Parenthood.

But that doesn’t mean the pro-life side is admitting defeat entirely. The Tennessee Republican legislators plan to introduce separate bills to defund Planned Parenthood next year.

And in Indiana, Berwick gave the state 60 days to appeal his decision, but the Indiana Family and Social Services Administration has already said it plans to continue implementing the legislation, for which it could most likely face penalties.

So although it seems only like a temporary relief, seeing that for many members of the administration, women’s reproductive healthcare should be as accessible as general primary care and that having options is an essential tenet of democracy, sets an important precedent for years to come.

Contact the author here: sedera@morningquickie.com