Tuesday, June 28, 2011

Planned Parenthood Wins First Victory Against Defunding Laws

Four states have passed legislation defunding Planned Parenthood so far this year, but the family planning provider is not going down without a fight. A federal judge in Indiana sided with Planned Parenthood against the defunding law on Friday, blocking its implementation, and now the legal battle is moving to Kansas.

After a month of court hearings, Judge Tanya Walton Pratt decided to grant a preliminary injunction against a new law that blocks Planned Parenthood of Indiana (PPIN) from participating in the Medicaid program. The U.S. Department of Health and Human Services already denounced the defunding law in a letter issued earlier this month because the proposed change violates federal Medicaid rules by denying Medicaid patients the freedom to choose a qualified provider.

Pratt said the Health Department's disapproval of the new law, which could jeopardize all $4 million of Indiana's federal planning money, weighed heavily on her decision.

"Denying the injunction could pit the federal government against the State of Indiana in a high-stakes political impasse," she told the court. "And if dogma trumps pragmatism and neither side budges, Indiana’s most vulnerable citizens could end up paying the price as the collateral damage of a partisan battle. With this backdrop in mind, along with the reasons discussed above, the Court believes the most prudent course of action is to enjoin the defunding provision while the judicial process runs its course.”

As a result of the injunction, PPIN will immediately resume serving its Medicaid patients, many of whom had been using it as their primary health provider.

http://www.huffingtonpost.com/2011/06/27/planned-parenthood-wins-first-victory_n_885454.html