Public Health – Medicaid — abortion

United States Court of Appeals For the Seventh Circuit

Civil

Public Health – Medicaid — abortion

A state was properly enjoined from prohibiting state agencies from providing state or federal funds to any entity that performs abortions or maintains or operates a facility where abortions are performed.

“[W]e see no reason to disturb the district court’s assessment of the balance of harms and the public interest. Indiana maintains that any harm to Planned Parenthood’s Medicaid patients is superficial because they have many other qualified Medicaid providers to choose from in every part of the state. This argument misses the mark. That a range of qualified providers remains available is beside the point. Section 1396a(a)(23) gives Medicaid patients the right to receive medical assistance from the provider of their choice without state interference, save on matters of provider qualifications.”

Affirmed in part, and Reversed in part.

11-2464 Planned Parenthood of Indiana, Inc., v. Commissioner of the Indiana State Department of Health

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Sykes, J.