Michigan Attorney General Dana Nessel has joined a group of 17 attorneys general in submitting an amicus brief to the U.S. Supreme Court. The brief urges the court to uphold a lower court's decision that supports Medicaid recipients' right to choose their healthcare providers, including Planned Parenthood.
The case began in 2018 when South Carolina Governor Henry McMaster issued an executive order directing the state's Department of Health and Human Services to exclude organizations providing abortion services from its Medicaid provider list. A Medicaid recipient challenged this action, leading to a federal district court ruling that deemed the exclusion of Planned Parenthood unlawful. This decision was later affirmed by the U.S. Court of Appeals for the Fourth Circuit in March 2024, which stated that the Medicaid Act allows patients to select their qualified healthcare providers despite state-level actions.
Attorney General Nessel commented on the importance of choice for Medicaid recipients, particularly those in rural and underserved areas: "The ability to choose healthcare providers is essential for maintaining access to care and protecting reproductive rights, especially for Medicaid recipients in rural and underserved communities." She emphasized that cutting ties with Planned Parenthood could harm public health by limiting access to preventive services.
Paige Johnson, interim CEO and president of Planned Parenthood South Atlantic, criticized the political motivations behind this case: "This case is politics at its worst and never should have been taken up by the U.S. Supreme Court." She stressed that all individuals should be able to access trusted healthcare providers regardless of income or insurance status.
The coalition's brief highlights how Medicaid ensures access to safe, affordable healthcare for vulnerable populations. It argues that while states have discretion in implementing Medicaid programs, safeguards like the free choice of provider provision are crucial. These provisions prevent states from restricting Medicaid recipients' choices and protect individual rights within healthcare decisions.
Massachusetts Attorney General Andrea Joy Campbell led the submission of this brief along with her counterparts from California, Colorado, Delaware, the District of Columbia, Hawai’i, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.