The Washington Post recently did an article on the potential repercussions of thousands of low-income patients in Louisiana losing access to reproductive health services if the state cuts of Medicaid funding for Planned Parenthood, including access to necessities such as breast exams and HIV tests.
The announcement from Gov. Jindal arose from a concern specifically related to Planned Parenthood on the abortion issue. However, the two Planned Parenthood health centers in New Orleans and Baton Rouge (“Gulf Coast Centers”) actually do not even provide abortion services. In fact, one could argue that, by providing preventative care such as birth control, the Gulf Coast centers actually reduce the abortion rate, and in addition, the centers also help treat serious medical issues in Louisiana, such as syphilis, gonorrhea, and chlamydia. The Centers for Disease Control and Prevention also estimate that the Gulf Coast Planned Parenthood centers serve the highest number of HIV victims in the country. Clearly, ending Planned Parenthood’s Medicaid contract with the state could pose serious medical issues for Louisiana residents.
Court Action
Louisiana announced an end to the contract in court this month, specifically stating that the termination had nothing to do with the competency of the facilities in providing adequate care to patients, but simply that the state just does not want to have anything to do with Planned Parenthood anymore.
However, this same action has been sought by other states, and struck down by federal courts, because you cannot tell patients that they cannot go to specific (qualified) Medicaid providers of their choice.
Medicaid Requirement of Freedom of Choice
Longstanding federal law protects your right, as a patient, to make certain medical choices. Although states have the authority to exclude providers from participating in Medicaid under certain circumstances (such as when providers commit fraud or criminal acts), states are not permitted to exclude providers from the Medicaid program just based on the medical services they provide. Medicaid beneficiaries are allowed to obtain medical services for any institution, pharmacy, person, etc. that is qualified under the Social Security Act (“free choice of provider” provision).
Planned Parenthood Gulf Coast is now seeking to block the governor’s decision in court, arguing that the decision would inflict irreparable harm to the many Medicaid patients in Louisiana who have nowhere else to go. Specifically, the announced termination violates Louisiana citizens’ right to free choice of provider under the Medicaid Act, which guarantees that Medicaid beneficiaries the right to choose among willing providers so long as those providers are qualified.
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The personal injury attorneys at Harrell & Nowak have helped many victims in New Orleans, Kenner, Metairie, and throughout Louisiana obtain financial compensation for their injuries. Our lawyers will work to ensure that your rights, as a patient, are protected. Contact us today for a free consultation.