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Wednesday, Apr 20 2016

Full Issue

CMS To States: Cutting Medicaid Funding To Planned Parenthood Could Violate Federal Law

The Centers for Medicare and Medicaid Services sent a letter to all 50 states warning them that ending funding is tantamount to restricting access to a qualified provider, which goes against the law.

The Obama administration on Tuesday warned officials in all 50 states that actions to end Medicaid funding of Planned Parenthood may be out of compliance with federal law. Ten states have taken action or recently passed legislation to cut off Medicaid funding to Planned Parenthood after antiabortion activists released covertly filmed video in the summer purporting to show that the women’s health organization and abortion provider illegally sold fetal tissue for a profit. Planned Parenthood supporters have criticized the videos as deceptively edited, and multiple state investigations have turned up no wrongdoing on the part of the organization. (Sun, 4/19)

The guidance outlined in a letter from Centers for Medicare and Medicaid Services explains to state Medicaid directors that the law requires that Medicaid beneficiaries may obtain services, including family planning, from any qualified provider. States that terminate their Medicaid-provider agreements with Planned Parenthood affiliates because they offer abortions may be in violation of that law because they are restricting access by not permitting recipients to get services from providers of their choice. (Armour, 4/19)

Planned Parenthood Arizona says Arizona is among at least 24 states that have tried to cut off funding for legal services in the past year. A 2012 Arizona law barring any non-abortion Medicaid funding for abortion providers was blocked by federal courts because it violated the "free choice of provider" provision. The letter comes as the Arizona Senate is poised to vote to require the state's Medicaid plan to exclude abortion providers if they don't fully segregate money they get for covered services. House Bill 2599 also requires funding cutoffs and license revocations for providers that violate medical waste rules or submit a claim for abortion-related procedures. (Christie, 4/20)

Last month, Florida Gov. Rick Scott signed a controversial law that blocks all state money, including Medicaid, from abortion clinics, including preventive services like cancer screenings and HIV testing. State law already prevented taxpayer dollars from funding abortions. The state can't do that unless the federal government agrees. And Wachino's letter sounds like an early "no." (Auslen, 4/19)

Meanwhile, Iowa's governor gives his approval of defunding Planned Parenthood —

A controversial measure to defund Planned Parenthood because the organization performs abortions is again under consideration at the statehouse, with the blessing of Governor Branstad. (Russell, 4/19)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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