Government
Ga. lawsuit seeking Medicaid pay for abortions allowed to proceed
NEWS IN BRIEF — Posted Nov. 5, 2007
A group of clinics and physicians in Georgia can sue the state for not covering abortions they say were needed to protect the health of their Medicaid patients, the state Supreme Court ruled in September.
The state Medicaid program reimburses clinics for abortions only if the pregnant woman's life is in danger or in cases of rape or incest. But the practitioners said the provision is unconstitutional because it excludes payment for abortions conducted to prevent medical problems that are not life-threatening to the woman. The doctors and clinics are seeking reimbursement for their services. No trial date has been set.
Attorney Louise Melling, director of the American Civil Liberties Union Reproductive Freedom Project, which represents the plaintiffs, said the decision is a victory for doctors and patients. "Courts uniformly have said that doctors can bring claims on behalf of their patients because their interests are so aligned," she said.Courts in 13 states also have ordered broader Medicaid funding for abortion, she added. Georgia's Dept. of Community Health had argued that doctors could not sue under the law. State officials did not return calls for comment.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/11/05/gvbf1105.htm.
