8th Circuit refuses to reconsider order ending Medicaid money for Planned Parenthood | Arkansas Blog

Monday, November 13, 2017

8th Circuit refuses to reconsider order ending Medicaid money for Planned Parenthood

Posted By on Mon, Nov 13, 2017 at 3:35 PM

The 8th Circuit U.S. Court of Appeals issued a brief order today refusing a rehearing of a three-judge panel's decision and also refusing a request for the entire court to hear Planned Parenthood's appeal of a decision upholding Gov. Asa Hutchinson's order that Arkansas stop allowing Planned Parenthood to participate in the Medicaid program.

Two judges, Wollman and Kelly, would have granted an en banc hearing. The 8th Circuit, in shutting off Medicaid funds for Planned Parenthood, departs from decisions entered in four other U.S. circuit courts on similar cases.

Federal District Judge Kristine Baker, citing precedent in other courts, had blocked the state from stopping funding. But a three-judge panel overturned Baker.

The decision affects some $50,000 worth of medical services annually — not abortions, but health screening and family planning and other medical services. Hutchinson ordered participation in the program stopped because of reports in other states — debunked in every investigation that has been mounted — in improprieties in some other Planned Parenthood clinics in providing fetal tissue for medical research. Patients in Arkansas said federal law required the state to allow them to use medical providers of their choice. The 8th Circuit, notoriously conservative and anti-abortion, said that right was "ambiguous," even through four other circuit courts decided it differently.

An appeal to the U.S. Supreme Court to resolve the difference between circuit court rulings is now a possibility.

Hutchinson and Attorney General Leslie Rutledge have consistently misrepresented the facts of the case, claiming that misconduct led to the decision to deprive Arkansas women of their preferred medical provider. No misconduct was ever alleged by Arkansas Planned Parenthood affiliates and none has been proven anywhere else.

Planned Parenthood said in a prepared statement it was evaluationg options but would "keep fighting for our patients in Little Rock and Fayetteville to have access to critical services.”

Attorney General Rutledge was "pleased" and again repeated the grossly dishonest statement that Planned Parenthood "could not contest in federal court Arkansas’s determination that a medical provider has engaged in misconduct that merits disqualification from the Medicaid program.” It could and did and even the 8th Circuit didn't say that. It just said it didn't find an absolute right for a Medicaid recipient to choose their provider.  Her spokesman refused to respond to a question about Rutledge’s misleading characterization of facts of the case.

From the ArkTimes store

Favorite

Comments (3)

Showing 1-3 of 3

Add a comment

 
Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

  • Sunday open line

    Open line and “news” on the Hog football coach.
    • Nov 19, 2017
  • The Clintons side by side in Little Rock 25 years after

    Bill and Hillary Clinton side by side taking questions from Donald Carville. The only thing more I could have asked for was a seat for Donald Trmp to handle the same topics.
    • Nov 19, 2017
  • Arkansas a leader in laws against better working conditions

    The Economic Policy Institute has compiled a national look at state laws that prevent local governments from mandating better working conditions in cities and counties than state law provides.As you might expect, Arkansas is among the leaders
    • Nov 19, 2017
  • More »

Readers also liked…

  • Judge anticipates punishment of lawyers in Fort Smith class action case

    Federal Judge P.K. Holmes of Fort Smith issued a 32-page ruling yesterday indicating he contemplates punishment of 16 lawyers who moved a class action lawsuit against an insurance company out of his court to a state court in Polk County after a settlement had been worked out.
    • Apr 15, 2016
  • Donald Trump declares war on Hillary Clinton's marriage

    Donald Trump gave a remarkable interview to the New York Times yesterday in which he declared open season on the marriage of Bill and Hillary Clinton and Bill Clinton's past infidelity. Seems like a loser, but I've been wrong before.
    • Oct 1, 2016
  • LR speakers blast state board for double standard

    A series of speakers, beginning with Sen. Joyce Elliott, denounced what they saw as a hidden agenda favoring charter schools at the state Department of Education and asked the state Board of Education for return of local control.
    • May 12, 2016

Most Shared

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation