A federal appeals court has permitted the Trump administration to withhold Medicaid funds from Planned Parenthood. A judge previously issued a preliminary injunction blocking the funding withdrawal.
“Plaintiff States argue that Section 71113 fails to provide clear notice in two ways: first, they contend that the definition of a ‘prohibited entity,’ together with the provision’s effective date, imposes vague and contradictory conditions on them; and second, they argue that removing ‘prohibited entities’ from health care providers eligible to provide care for Medicaid participants is a retroactive condition that the Plaintiff States could not have anticipated when they joined Medicaid,” the December 2 ruling said, adding that the ban “does not furnish states with clear notice as to the meaning and application of Section 71113 criteria” for ending funding.
The same judge, U.S. District Judge Indira Talwani issued a temporary restraining order on the provision in July. The order required the Department of Health and Human Services to continue Medicaid disbursements “in the customary manner” to Planned Parenthood’s national and affiliate clinics, including those in Massachusetts and Utah. She claimed that Medicaid disruptions would likely cause severe public health consequences.
A three-judge panel of the U.S. Court of Appeals has since paused the order, declaring that the Trump administration “made a strong showing” that it is “likely to prevail on the merits.”
A spokesperson for California Attorney General Rob Bonta described the ruling as disappointing, but noted that he continues to be committed to “ensuring vulnerable Californians can access the healthcare they need,” Reuters reports.
