HELENA, MT – Today, a Montana district court permanently blocked several restrictions that would have effectively eliminated abortion access for most Medicaid patients, especially those who live in rural and tribal communities. The court agreed with abortion providers that the laws violate Montanans’ constitutional right to abortion.
The restrictions struck down today would have only allowed doctors to provide abortion care, drastically narrowing the pool of qualified abortion providers for those covered by the state’s Medicaid program; banned abortion care via direct-to-patient telehealth for Medicaid patients; and created a narrow definition of “medically necessary” care that would have further restricted access to abortion care for Medicaid recipients. This ruling also blocks a law that would have prevented Medicaid patients from having coverage of abortion care in almost all cases.
In 2023, Planned Parenthood of Montana, Blue Mountain Clinic, and All Families Healthcare brought a lawsuit to keep these medically unnecessary laws from taking effect. The district court issued a preliminary injunction preventing these restrictions from taking effect while the case proceeded. The Montana Supreme Court ruled last year that these restrictions likely violate the right to abortion under the Montana Constitution and that they would likely harm Montanans seeking abortions. These restrictions are now permanently blocked, meaning Medicaid patients seeking abortions in Montana will face fewer hurdles in accessing care. Currently, the state of Montana covers medically necessary abortions for patients enrolled in Medicaid.
As the court recognized, “The decision of whether to bear a child or have an abortion is so private and intimate that each woman in the state—rich or poor—is guaranteed the right to make that decision as an individual, uncoerced by governmental intrusion. . . There is no greater power than the power of the purse. If the government can use it to nullify constitutional rights, by conditioning benefits only upon the sacrifice of such rights, the Bill of Rights could become a yellowing scrap of paper.”
Joint statement from Planned Parenthood of Montana, Center for Reproductive Rights, ACLU of Montana, Blue Mountain Clinic, and All Families Healthcare:
“Every Montanan deserves the ability to access quality, timely health care, regardless of where they live or how much money they make. We are relieved that these dangerous restrictions have been struck down for good, and that patients will continue to have the access that these laws would have forbidden. The government has been relentless in their attempts to undermine health care, without a thought for the consequences for patients’ health and lives. Montanans made their voices heard last year when they voted to further protect abortion rights, sending a clear message that politicians have no place in exam rooms. With this win, we will continue our fight to ensure everyone in Montana can make their own decisions about their own lives.”
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Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.
Planned Parenthood of Montana (PPMT) is a leading statewide organization that provides the full range of reproductive health care services, including birth control and abortion, life-saving cancer screenings, STI and HIV prevention, trans health care, testing and treatment for STIs, breast health services, Pap tests, sexual health education, and mental health counseling. PPMT’s mission is to lead by providing, promoting, and protecting sexual and reproductive health care and education for all Montanans.
Graybill Law Firm, P.C. represents Montanans fighting for their constitutional rights statewide. Graybill Law Firm focuses exclusively on civil litigation, including personal injury, medical malpractice, lawyer malpractice, insurance coverage denials, litigation against government agencies, constitutional violations, and complex commercial litigation. For more information, please visit graybilllawfirm.com.
Blue Mountain Clinic (BMC), located in Montana, has been a pioneering force in reproductive healthcare since its founding in 1977 as the first abortion clinic in Montana and one of the first in the United States. In the early 2000s, Blue Mountain Clinic expanded beyond reproductive health services to offer comprehensive family practice medicine, ensuring that our patients receive holistic, patient-centered care. Today, we continue our commitment to providing the full spectrum of reproductive healthcare options, upholding our mission to deliver compassionate, evidence-based medical services to all who seek them.
www.bluemountainclinic.org
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