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Attorney general appealing Planned Parenthood decision

June 29, 2011

Indiana Attorney General Greg Zoeller has filed a notice of appeal regarding the recent decision by U.S. Judge Tanya Walton Pratt to halt enforcement of a new law which withholds funding from abortion providers.

Planned Parenthood of Indiana, two Medicaid recipients who used PPIN for non-abortion services, and two medical professional involved in performing abortions at the clinic challenged the enactment of House Enrolled Act 1210. Specifically, they challenged the prohibition of entities that perform abortions from receiving any state funding for health services unrelated to abortions, which took effect in May when Gov. Mitch Daniels signed the legislation. They also challenged the modification to the informed consent information that abortion providers have to give patients before administering abortion services. That portion of the law is set to go into effect July 1.

On June 24, Judge Pratt granted the plaintiffs’ motion for a preliminary injunction. Zoeller filed notice of appeal June 28, asking the 7th Circuit Court of Appeals hear the case.

The state is already appealing the federal government’s decision to not approve the amendments to Indiana’s Medicaid plan that include the new provider qualifications. The state will file a brief on the preliminary injunction challenge at a later date.

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