California Attorney General Rob Bonta, along with 16 other attorneys general, has submitted an amicus brief to the U.S. Supreme Court supporting Medicaid recipients' rights to choose their healthcare providers, including Planned Parenthood. This legal action arises from the case of Planned Parenthood South Atlantic v. Medina, where South Carolina terminated Planned Parenthood's participation in Medicaid due to its provision of abortion services outside the Medicaid program. The termination forced Planned Parenthood to turn away Medicaid patients.
The central issue is whether Medicaid beneficiaries have a private right to access any qualified provider under the Medicaid Act’s free-choice-of-provider provision. According to Attorney General Bonta, "Politicians should not be dictating whether Medicaid beneficiaries in their state can or cannot see undisputedly qualified providers." He emphasized that many low-income residents rely on Planned Parenthood for essential services like physical exams and screenings for various health conditions.
Medicaid was established in 1965 and is funded by both state and federal resources to provide healthcare access to vulnerable populations. Planned Parenthood South Atlantic has served low-income residents in South Carolina for four decades through its centers in Charleston and Columbia. Congress introduced the free-choice-of-provider provision after some states initially limited recipients' choices to a narrow list of public providers.
In 2018, Governor Henry McMaster of South Carolina issued an order removing organizations providing abortion services from the state's Medicaid provider list. A federal district court later ruled this exclusion unlawful, a decision upheld by the U.S. Court of Appeals for the Fourth Circuit in March 2024. The Supreme Court will review this case on April 2.
The coalition argues that access to a variety of qualified providers is crucial for Medicaid's success, allowing recipients similar healthcare options as those with private insurance. They contend that South Carolina's actions illustrate why Congress established individual rights within the statute.
Joining Attorney General Bonta are attorneys general from Colorado, Delaware, District of Columbia, Hawai’i, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.
A copy of the amicus brief is available online.