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Judge Blocks Medicaid Cuts to Planned Parenthood in Texas Judge Blocks Medicaid Cuts to Planned Parenthood in Texas
(35 minutes later)
A federal judge on Tuesday temporarily blocked Texas from cutting off Medicaid funding to Planned Parenthood, ruling the state had presented no credible evidence to support claims the organization violated medical or ethical standards related to abortion procedures.A federal judge on Tuesday temporarily blocked Texas from cutting off Medicaid funding to Planned Parenthood, ruling the state had presented no credible evidence to support claims the organization violated medical or ethical standards related to abortion procedures.
The ruling, a preliminary injunction issued by Sam Sparks, a United States District Court judge in the Western District of Texas, means that, for now, 30 health centers that serve about 12,500 Medicaid patients can continue to receive funding from the medical program that serves the poor. The case is set to go to trial, where the judge can rule on its merits.The ruling, a preliminary injunction issued by Sam Sparks, a United States District Court judge in the Western District of Texas, means that, for now, 30 health centers that serve about 12,500 Medicaid patients can continue to receive funding from the medical program that serves the poor. The case is set to go to trial, where the judge can rule on its merits.
The state’s attorney general, Ken Paxton, said in a statement on Tuesday that Texas would appeal the injunction.The state’s attorney general, Ken Paxton, said in a statement on Tuesday that Texas would appeal the injunction.
Cecile Richards, the president of the Planned Parenthood Action Fund, hailed the ruling, calling it a “victory for Texas women.” In a statement, she said, “We will never back down, and we will never stop fighting for our patients.”Cecile Richards, the president of the Planned Parenthood Action Fund, hailed the ruling, calling it a “victory for Texas women.” In a statement, she said, “We will never back down, and we will never stop fighting for our patients.”
Texas became at least the sixth state where federal courts have kept Planned Parenthood eligible for Medicaid reimbursements for nonabortion services; similar efforts have been blocked in Arkansas, Alabama, Kansas, Mississippi and Louisiana, The Associated Press reported.Texas became at least the sixth state where federal courts have kept Planned Parenthood eligible for Medicaid reimbursements for nonabortion services; similar efforts have been blocked in Arkansas, Alabama, Kansas, Mississippi and Louisiana, The Associated Press reported.
The decision in Texas preserves what Planned Parenthood said are services that include screening and treatment for breast and cervical cancers, counseling in contraception, testing and treatment for sexually transmitted diseases and primary health care services.The decision in Texas preserves what Planned Parenthood said are services that include screening and treatment for breast and cervical cancers, counseling in contraception, testing and treatment for sexually transmitted diseases and primary health care services.
In his ruling on Tuesday, Judge Sparks, wrote that the office of inspector general for the Texas Health and Human Services Commission “did not have prima facie of evidence, or even a scintilla of evidence, to conclude the bases of termination” that the Planned Parenthood providers were unqualified.In his ruling on Tuesday, Judge Sparks, wrote that the office of inspector general for the Texas Health and Human Services Commission “did not have prima facie of evidence, or even a scintilla of evidence, to conclude the bases of termination” that the Planned Parenthood providers were unqualified.
A video secretly recorded in April 2015 purported to show Planned Parenthood officials trying to illegally profit from the sale of aborted fetal tissue and discussing the issue with abortion opponents who posed as representatives of a biomedical company.A video secretly recorded in April 2015 purported to show Planned Parenthood officials trying to illegally profit from the sale of aborted fetal tissue and discussing the issue with abortion opponents who posed as representatives of a biomedical company.
But the judge wrote in his ruling on Tuesday: “A secretly recorded video, fake names, a grand jury indictment, congressional investigations — these are the building blocks of a best-selling novel rather than a case concerning the interplay of federal and state authority through the Medicaid program. Yet rather than a villain plotting to take over the world, the subject of this case is the State of Texas’ efforts to expel a group of health care providers from a social health care program for families and individuals with limited resources.”But the judge wrote in his ruling on Tuesday: “A secretly recorded video, fake names, a grand jury indictment, congressional investigations — these are the building blocks of a best-selling novel rather than a case concerning the interplay of federal and state authority through the Medicaid program. Yet rather than a villain plotting to take over the world, the subject of this case is the State of Texas’ efforts to expel a group of health care providers from a social health care program for families and individuals with limited resources.”
Judge Sparks, who was nominated by President George Bush, a Republican, in 1991, repeatedly cast doubt on the video. The inspector general presented no evidence that Planned Parenthood had profited from procuring fetal tissue or that a doctor had ever altered an abortion procedure “for research or for any other purpose,” the judge wrote.Judge Sparks, who was nominated by President George Bush, a Republican, in 1991, repeatedly cast doubt on the video. The inspector general presented no evidence that Planned Parenthood had profited from procuring fetal tissue or that a doctor had ever altered an abortion procedure “for research or for any other purpose,” the judge wrote.
Mr. Paxton, the state attorney general, called the decision “disappointing” and said it “flies in the face of basic human decency.”Mr. Paxton, the state attorney general, called the decision “disappointing” and said it “flies in the face of basic human decency.”
“The raw, unedited footage from undercover videos exposed a brazen willingness by Planned Parenthood officials to traffic in fetal body parts, as well as manipulate the timing and method of an abortion,” he said. “No taxpayer in Texas should have to subsidize this repugnant and illegal conduct. We should never lose sight of the fact that, as long as abortion is legal in the United States, the potential for these types of horrors will continue.”“The raw, unedited footage from undercover videos exposed a brazen willingness by Planned Parenthood officials to traffic in fetal body parts, as well as manipulate the timing and method of an abortion,” he said. “No taxpayer in Texas should have to subsidize this repugnant and illegal conduct. We should never lose sight of the fact that, as long as abortion is legal in the United States, the potential for these types of horrors will continue.”
Planned Parenthood has said that the video was deceptively edited and that the group did nothing illegal or unethical. The video drew national attention, prompting a local police investigation that found no wrongdoing and several congressional committee investigations. The two anti-abortion activists who covertly recorded the video were indicted on charges of tampering with government records for using fake identification; the charges were dismissed.Planned Parenthood has said that the video was deceptively edited and that the group did nothing illegal or unethical. The video drew national attention, prompting a local police investigation that found no wrongdoing and several congressional committee investigations. The two anti-abortion activists who covertly recorded the video were indicted on charges of tampering with government records for using fake identification; the charges were dismissed.
The injunction was the latest development in a legal and political fight that intensified more than a year ago after the state issued a preliminary notice to end about $4 million in Medicaid funding for the group’s health centers. The inspector general issued a final termination notice on Dec. 20, 2016, citing violations that found Planned Parenthood was unqualified to provide medical services “in a professionally competent, safe, legal and ethical manner.”The injunction was the latest development in a legal and political fight that intensified more than a year ago after the state issued a preliminary notice to end about $4 million in Medicaid funding for the group’s health centers. The inspector general issued a final termination notice on Dec. 20, 2016, citing violations that found Planned Parenthood was unqualified to provide medical services “in a professionally competent, safe, legal and ethical manner.”
Planned Parenthood, which was set to be cut off from Medicaid 30 days after the final notice, sought a preliminary injunction. In January, the judge held three days of hearings and ordered that the cutoff be suspended until Tuesday.