New York Attorney General Letitia James, along with 16 other attorneys general, has submitted an amicus brief to the U.S. Supreme Court advocating for Medicaid recipients' right to select their own healthcare providers. This move comes in response to South Carolina's 2018 decision to exclude abortion clinics and affiliated physicians from its Medicaid provider list. A federal district court deemed this exclusion unlawful, a decision upheld by an appellate court in March 2024. The case is now before the U.S. Supreme Court.
Attorney General James emphasized that "Medicaid recipients have the right to choose their own qualified medical providers, including those that offer critical reproductive health care services like Planned Parenthood." She further stated that limiting access undermines Medicaid's purpose of ensuring vulnerable populations can access necessary healthcare.
The coalition argues that Medicaid must allow patients access to a diverse range of medical providers, including reproductive health services offered by organizations like Planned Parenthood. These services include birth control, STI screenings, cancer screenings, and educational services vital for underinsured communities. In 2023 alone, Planned Parenthood of Greater New York conducted over 175,000 STI tests and more than 18,000 cancer screenings.
While states have discretion in implementing Medicaid programs, the attorneys general stress the importance of safeguards such as the "free choice of provider" provision which allows patients—not state governments—to choose their healthcare providers. They argue South Carolina's actions highlight why Congress included these protections.
Paige Johnson from Planned Parenthood South Atlantic criticized the case as politically motivated: “Anti-abortion politicians are so intent on attacking Planned Parenthood health centers that they want to block people enrolled in Medicaid from getting essential health care.” She expressed gratitude towards state attorneys general for defending patient rights and hopes for a favorable Supreme Court ruling.
Joining Attorney General James are attorneys general from California, Colorado, Delaware, Hawai’i, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island Washington and the District of Columbia.
This initiative is part of Attorney General James' ongoing efforts to safeguard reproductive rights both within New York and across the nation. Her previous actions include filing briefs supporting emergency abortion care access and opposing anti-abortion groups promoting unproven treatments.