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State to defend Planned Parenthood ban after adverse Medicaid recommendation

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The Office of the Indiana Attorney General continues to defend a 2011 state law that denies Medicaid funding for health care services to Planned Parenthood because the organization performs abortions.  A federal hearing officer recommended that the Department of Health and Human Services disapprove the state Medicaid plan amendment in the law.

The Centers for Medicare and Medicaid Services on Friday released a recommendation in which federal hearing officer Benjamin Cohen wrote after an administrative rehearing that the plan amendment under Indiana’s law, HEA 1210, was “contrary to the plain language of the freedom of choice provision” regarding Medicaid. Cohen upheld a prior Medicaid ruling against the law.

Cohen cited the language of Section 1902(a)(23) of the Social Security Act that says “any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required.”

The state argues it has authority to set provider qualifications for Medicaid funding, and that providing money to Planned Parenthood indirectly subsidized abortions.

“Like any other petitioner who is entitled to a hearing, the State of Indiana appreciated the opportunity to try to explain to CMS the Indiana Legislature’s public policy decision that private providers ought not indirectly subsidize abortion procedures through Medicaid dollars and that the legislation had that separation in mind,” Indiana Attorney General Greg Zoeller said in a statement.

“My office by law must defend the laws the Legislature passes, and we have always contended this is a dispute between the state and a federal government agency, not between the state and a Medicaid provider, and ultimately should be decided in the appropriate venue,” Zoeller said.

The law also has been challenged in federal court, and the 7th Circuit Court of Appeals could rule at any time on Indiana’s request to lift an injunction against portions of HEA 1210.

Planned Parenthood, joined by the ACLU of Indiana, challenged the law.

Planned Parenthood CEO Betty Cockrum said in a statement, “We are gratified by the federal government’s decision and thrilled that (Planned Parenthood of Indiana) continues to be able to provide preventive health care to our patients. Through its appeal, the State was continuing its attack on women’s rights and attempting to restrict access to basic, lifesaving services such as Pap tests, breast exams, STD testing and treatment, and birth control.

“What is even more appalling is that these actions by the State would have penalized Hoosiers who are struggling to make ends meet right now – Hoosiers who are in need of the high-quality, affordable health care that (Planned Parenthood) provides.”

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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