The ability for Planned Parenthood clinics to remain open across Texas and in Louisiana hangs in the balance of an Amarillo District Courthouse after U.S. District Judge Matthew Kacsmaryk wrapped up hearing oral arguments in a case against the nonprofit organization earlier this week.
The lawsuit brought by the state of Texas and an anonymous plaintiff, alleges that Planned Parenthood and its three Texas-based affiliates (one extending services to a clinic located out-of-state) defrauded the state’s Medicaid system by receiving $10 million in reimbursements for birth control, cancer screenings and other basic health services.
However, the organization said an injunction from a previous court ruling allowed the affiliates to continue to provide care legally to Medicaid patients during the period in question. It also claims Texas was aware the affiliates were requesting reimbursements and that they were issued without calls for repayment this lawsuit was filed in 2022.
The state is seeking $1.8 billion to account for the alleged fraudulent reimbursements, additional penalties and fees. If Planned Parenthood is asked to pay this “exorbitant” amount, it could impact care in Texas and across the country, according to Abby Ledoux, Vice President of Communications and Marketing at Planned Parenthood Gulf Coast.
“This case has made it abundantly clear that these politicians are not satisfied with banning abortion; they’re not stopping there; they’re still coming after Planned Parenthood and people’s ability to get basic health care,” Ledoux said. “That’s what they’re attacking ultimately, thousands of patients across the Greater Houston area and in Louisiana that will suffer the consequences if they’re successful in their goal of trying to close our doors.”
More than 100,000 Texans rely on Planned Parenthood centers to gain access to healthcare services, many of which are patients who are women, come from marginalized communities and are living on lower incomes.
This ongoing litigation is the latest in a decades-long effort to defund Planned Parenthood, as Texas has removed the organization from state-funded health programs and rejected federal dollars that would be allocated to affiliated clinics.
In 2015, videos posted by the Center for Medical Progress – a conservative, anti-abortion extremist group – displayed what the group alleged as the mishandling of fetal remains. This prompted investigations into Planned Parenthood’s operations as then-Texas Health and Human Services Inspector General Stuart Bowen claimed that the organization violated the state’s Medicaid program qualifications.
No evidence was found that Planned Parenthood was participating in illicit practices, and the organization won a separate lawsuit against those responsible for distributing the videos. However, a court eventually sided with Texas and allowed the state to terminate Planned Parenthood from its Medicaid program in 2021.
The plaintiff in the current lawsuit claims he is associated with the Center for Medical Progress, per court filings.
“Unfortunately, this is just another example of how far the state’s willing to go to try and control people – to try and control Texans – so we’re fighting back, and we don’t know what will come next, but we know we’re here and we’re going to stay here,” Ledoux said.
According to Ledoux, Kacsmaryk has not indicated whether he will roll out motions for a summary judgment. She said there are some signs a trial could occur as he has filed scheduling orders asking the attorneys if they are available later this year.
She said that if the case goes to trial, it will likely start later this year in Amarillo, possibly in the fall or winter.
Earlier this year, Kacsmaryk ruled to end the long-standing Food and Drug Administration’s approval of Mifepristone. This widely used pill is part of a two-drug regimen with Misoprostol to induce abortions medically.
A hold was placed on this ruling after the federal government and drug manufacturer appealed the lower court’s decision. Although the Supreme Court decided not to suspend FDA approval, changes in 2016 over regulating the medication were challenged.
These included allowing Mifepristone to be taken later in pregnancy, sent directly to patients through the mail and prescribed by a medical professional other than a doctor.
On Wednesday, there was some resolution in the matter as a federal court of appeals ruled that these efforts to expand access to the drug were not lawful. However, this decision can be appealed to the Supreme Court.
This article appears in Jan 1 – Dec 31, 2023.
