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JUDGE HALTS NEW MONTANA MEDICAID ABORTION RULE FROM GOING INTO EFFECT


LEWIS AND CLARK DISTRICT COURT WILL HEAR ARGUMENTS FOR AN INJUNCTION ON MAY 12

BY: DARRELL EHRLICK - MAY 1, 2023 7:15 PM



Photo illustration by Getty Images.

A Lewis and Clark County District judge has issued a temporary restraining order
against the state from enacting a rule that adds more restrictions to Medicaid
patients who seek an abortion in Montana.

District Court Judge Mike Menahan issued the order on Monday that effectively
stops the rule from going into effect until a court hearing on May 12, the date
set for a hearing on a more permanent preliminary injunction.

The lawsuit challenging the rule, which was set to go into effect this month,
would require preauthorization for abortion by the state officials, as well as
require an in-person exam by a medical doctor – rules that are not required for
non-Medicaid patients.

According to federal law, abortions for Medicaid patients are allowed under
three specific conditions: If the abortion is necessary to save the life of the
mother; if the pregnancy was the result of rape or incest; and if the abortion
is deemed by a provider medically necessary.

The lawsuit challenging the new rule says that bill is effectively a ban on
abortion, and that many of the facets of the new rule have already been
previously decided as unconstitutional. The lawsuit was filed by Planned
Parenthood of Montana, All Families Healthcare Clinic, and Blue Mountain Clinic.

Menahan said he issued the restraining order because the rules likely infringe
on the Montana Constitution.

“The rule violates the Montana Constitution’s guarantees of privacy and equal
protection, as detailed in the Montana Supreme Court’s decisions in Armstrong v.
State,” he said.

That 1999 decision said that the Montana Constitution’s right to privacy extends
to abortion providers and patients’ medical decisions, including abortion.

But Menahan also pointed out that other Montana Supreme Court cases established
that mid-level practitioners, including physician assistants and nurse
providers, were also eligible to perform abortions and that limiting the
procedure to doctors alone was also illegal.

“Plaintiffs have also established … that the absence of a temporary restraining
order would cause immediate and irreparable injury,” Menahan ruled. “Whereas the
state will not be harmed by the issuance of an injunction that preserves the
status quo. Defendants have no legitimate interest in enforcing an
unconstitutional law…Further, the public interest in preserving the status quo
and in ensuring access to safe, constitutionally protected health care services
pending adjudication of a preliminary injunction is strong.”

The groups cheered the ruling in a press release on Monday.

“We are incredibly grate that the court stopped this dangerous, unconstitutional
new Medicaid rule from going into effect on May 8. When they rejected LR-131
last November, the people of Montana made clear that they do not want the
government interfering with their reproductive health care. It shouldn’t matter
what zip code you live in, how much money you make, or what insurance you
use—everyone deserves access to the full range of reproductive health care
services available in Montana,” they said.

Neither the Department of Public Health and Human Services nor the Attorney
General’s Office was available for comment Monday.


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DARRELL EHRLICK

Darrell Ehrlick is the editor-in-chief of the Daily Montanan, after leading his
native state’s largest paper, The Billings Gazette. He is an award-winning
journalist, author, historian and teacher, whose career has taken him to North
Dakota, Minnesota, Wisconsin, Utah, and Wyoming.

MORE FROM AUTHOR

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September 7, 2022
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Houghton January 29, 2023
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2023




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JUDGE HALTS NEW MONTANA MEDICAID ABORTION RULE FROM GOING INTO EFFECT

by Darrell Ehrlick, Daily Montanan
May 1, 2023

<h1>Judge halts new Montana Medicaid abortion rule from going into effect</h1>
<p>by Darrell Ehrlick, <a href="https://dailymontanan.com">Daily Montanan</a>
<br />May 1, 2023</p> <p>A Lewis and Clark County District judge has issued a
temporary restraining order against the state from enacting a rule that adds
more restrictions to Medicaid patients who seek an abortion in Montana.</p>
<p>District Court Judge Mike Menahan issued the order on Monday that effectively
stops the rule from going into effect until a court hearing on May 12, the date
set for a hearing on a more permanent preliminary injunction.</p> <p>The lawsuit
challenging the rule, which was set to go into effect this month, would require
preauthorization for abortion by the state officials, as well as require an
in-person exam by a medical doctor – rules that are not required for
non-Medicaid patients.</p> <p>According to federal law, abortions for Medicaid
patients are allowed under three specific conditions: If the abortion is
necessary to save the life of the mother; if the pregnancy was the result of
rape or incest; and if the abortion is deemed by a provider medically
necessary.</p> <p>The lawsuit challenging the new rule says that bill is
effectively a ban on abortion, and that many of the facets of the new rule have
already been previously decided as unconstitutional. The lawsuit was filed by
Planned Parenthood of Montana, All Families Healthcare Clinic, and Blue Mountain
Clinic.</p> <p>Menahan said he issued the restraining order because the rules
likely infringe on the Montana Constitution.</p> <p>“The rule violates the
Montana Constitution’s guarantees of privacy and equal protection, as detailed
in the Montana Supreme Court’s decisions in Armstrong v. State,” he said.</p>
<p>That 1999 decision said that the Montana Constitution’s right to privacy
extends to abortion providers and patients’ medical decisions, including
abortion.</p> <p>But Menahan also pointed out that other Montana Supreme Court
cases established that mid-level practitioners, including physician assistants
and nurse providers, were also eligible to perform abortions and that limiting
the procedure to doctors alone was also illegal.</p> <p>“Plaintiffs have also
established … that the absence of a temporary restraining order would cause
immediate and irreparable injury,” Menahan ruled. “Whereas the state will not be
harmed by the issuance of an injunction that preserves the status quo.
Defendants have no legitimate interest in enforcing an unconstitutional
law…Further, the public interest in preserving the status quo and in ensuring
access to safe, constitutionally protected health care services pending
adjudication of a preliminary injunction is strong.”</p> <p>The groups cheered
the ruling in a press release on Monday.</p> <p>“We are incredibly grate that
the court stopped this dangerous, unconstitutional new Medicaid rule from going
into effect on May 8. When they rejected LR-131 last November, the people of
Montana made clear that they do not want the government interfering with their
reproductive health care. It shouldn’t matter what zip code you live in, how
much money you make, or what insurance you use—everyone deserves access to the
full range of reproductive health care services available in Montana,” they
said.</p> <p>Neither the Department of Public Health and Human Services nor the
Attorney General’s Office was available for comment Monday.</p> <style> figure,
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a network of news bureaus supported by grants and a coalition of donors as a
501c(3) public charity. Daily Montanan maintains editorial independence. Contact
Editor Darrell Ehrlick for questions: <a
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