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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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