Minnesota Attorney General Keith Ellison has joined a coalition of 17 attorneys general in filing an amicus brief urging the U.S. Supreme Court to uphold a lower court's decision. This decision recognizes Medicaid recipients' right to choose their healthcare providers, including Planned Parenthood.
The case originated from a 2018 executive order by South Carolina Governor Henry McMaster, which directed the state's Department of Health and Human Services to exclude organizations providing abortion services from its Medicaid provider list. A South Carolina Medicaid recipient challenged this exclusion, leading to a federal district court ruling that deemed it unlawful. The U.S. Court of Appeals for the Fourth Circuit upheld this ruling in March 2024, affirming that the Medicaid Act allows patients to select their own qualified healthcare providers despite the governor's directive. The U.S. Supreme Court is set to hear the case on April 2.
Attorney General Ellison stated, "The federal government shouldn’t play politics with your health, yet that’s exactly what they're doing here." He emphasized that he and his fellow attorneys general are working to prevent government interference in Medicaid recipients' choice of healthcare providers.
The coalition's amicus brief highlights the importance of Medicaid in providing access to safe and affordable healthcare for vulnerable populations. It argues that patients must have access to a variety of medical providers for effective functioning of the program, including reproductive healthcare services offered by Planned Parenthood.
While states have discretion in implementing Medicaid programs, specific safeguards like the free choice of provider provision exist to counter policies restricting patient options. The coalition contends that South Carolina's actions underscore why Congress included protections for individual rights within healthcare decisions.
Joining Attorney General Ellison and led by Massachusetts Attorney General Andrea Joy Campbell are attorneys general from California, Colorado, Delaware, District of Columbia, Hawai’i, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.