From AP via Yahoo News comes the heartwarming story of a government bureaucrat standing up for women, except for those it's okay to butcher:
Medicaid official rules against Indiana abortion law
Indiana's decision to deny Planned Parenthood Medicaid funds because it performs abortions denies women the freedom to choose their health care providers, a federal hearing officer said.
The
state had asked the Centers for Medicare and Medicaid Services in
Chicago to reconsider its June 2011 ruling that found changes in
Indiana's Medicaid
plan unacceptable. But a hearing officer recommended in documents
released Friday that a CMS administrator uphold the agency's initial
decision.
The changes to
Indiana's plan resulted from a 2011 law that would have made the state
the first to deny the organization Medicaid funds for general health
services, including cancer screenings. The law has been on hold while
the dispute works its way through the courts.
The
Indiana attorney general's office, which already is appealing a federal
judge's order blocking the law, said it may also contest the panel's
recommendation. The state had argued that the dispute should be decided
administratively by the CMS, not in court.
"Because
this is a recommendation, the Attorney General's Office has a chance to
file an exception to it before the CMS administrator makes a final
decision," the agency said in a statement.
Planned Parenthood of Indiana said it was gratified by the decision.
"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,"
Betty Cockrum, chief executive officer of Planned Parenthood of Indiana,
said in a statement.
While
Planned Parenthood officials had feared they might have to close some of
the organization's 28 clinics in Indiana or suspend some services
because of a loss of Medicaid funds, that has not happened so far. Cockrum has said about 9,300 women rely on Planned Parenthood for their health care.
Indiana
had argued that Medicaid funds intended to help groups like Planned
Parenthood provide general health care would indirectly subsidize
abortions. The Hyde Amendment, a 1976 provision named after the late
Rep. Henry Hyde, R-Ill., bans all federal funds for abortion except in
cases of rape, incest or when the life of the mother is at risk.
The
state also said Planned Parenthood could continue to receive Medicaid
funding if it established separate fiscal entities for abortion and
other health care. But CMS said such an option was premature.
Hearing officer Benjamin Cohen wrote that the Indiana law
violated the federal requirement that individuals must have the freedom
to obtain care from any qualified provider. Restricting that choice
just because a care provider also offers non-covered care isn't allowed,
he wrote.
Benny! What's a good Jewish boy doing helping the babykillers?
Indiana asked the
7th U.S. Circuit Court of Appeals in Chicago last August to lift U.S.
District Judge Tanya Walton Pratt's June 24, 2011, preliminary
injunction blocking parts of the abortion law. The court has not yet
ruled.
Another federal appeals
court ruled in May that Texas cannot ban Planned Parenthood from
receiving state funds, at least until a lower court has a chance to hear
formal arguments. A three-judge panel of the Fifth Circuit Court of
Appeals agreed with a lower court that there's sufficient evidence the
state's law preventing Planned Parenthood from participating in the
Women's Health Program is unconstitutional.
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