B. v. Fl. Agency for Health Care Admin.

No. 00-989 (Fla. Sup. Ct. filed July 12, 2001) ; Clearinghouse Number: 53897

Description

Excluding Medically Necessary Abortions from Medicaid Coverage Does Not Violate Privacy Right in Florida Constitution

Abstract

The Florida Supreme Court ruled that the state’s exemption from Medicaid coverage for medically necessary abortions did not violate the express privacy right in the state constitution. Petitioners were three Medicaid-eligible women who sought abortions they alleged were medically necessary but were denied funding, seven reproductive health clinics, two physicians, and a nonprofit organization that gave financial aid to women who could not afford abortions. In a 1993 class action, petitioners sought declaratory and injunctive relief based on challenges to three rules of respondent state agency for health care administration; these rules excluded medically necessary abortions from Medicaid coverage, except in cases in which the pregnancy endangered the woman’s life or resulted from rape or incest. Denying petitioners’ summary judgment motion and granting that of respondent, the trial court held that the challenged rules did not violate the state constitution’s privacy or equal protection clauses. The appellate court affirmed. Before the state supreme court, petitioners argued that Medicaid generally covered all medically necessary services rendered to eligible individuals and that for no service other than abortions did the state require that a patient’s condition be life-threatening or caused by a crime. Agreeing with the trial court’s reasoning and persuaded by Harris v. McRae, 448 U.S. 297, 314–17 (1980), the supreme court concluded that the privacy right in the state constitution protected a woman’s right to choose an abortion but did not entitle her to the financial resources necessary to exercise this choice. According to the supreme court, although poverty might make it difficult for some women to obtain abortions, the state imposed no restriction not already present on access to abortions. Declining to address petitioners’ equal protection claim, the supreme court approved the appellate court’s decision.

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Attorney Information
Docket Date
2001-07-12 00:00:00+00:00

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