The dispute over Indiana's demanding new abortion law
nullify much of the public funding for Planned Parenthood, since it offers
abortions, went back to the courts Monday where lawyers prepared to debate over
the organization's appeal for a preliminary injunction preventing the bill.
Together with its lawyers and led by the American Civil Liberties Union of
Indiana, Planned Parenthood argued that the statute approved by Republican Gov.
Mitch Daniels last month is against the law and disregards rules steering the
Medicaid program, which serves low income people. Ken Falk, of ACLU, claimed
the law made Indiana
the first state to decline Medicaid funds to Planned Parenthood for general
health services like breast exams and Pap smears.
The Indiana
attorney general's office argues that federal law disallows Medicaid to include
abortions in most situations and that the joint federal-state health insurance
program obliquely finances abortions since the organization's financial
statements reveal it integrates Medicaid funds with other revenues.
Nearly $1.4 million is the total amount of Medicaid funding at stake.
The trial before U.S. District Judge Tanya Walton Pratt arrives days
following federal Medicaid Administrator Donald Berwick denied revisions in
Indiana's state Medicaid plan since federal law claims beneficiaries can get
services from any qualified provider. Planned Parenthood offers general health
care services to 9,300 Medicaid patients at its 28 health centers across Indiana.
Indiana is
counting 60 days from Berwick's June 1 notice to contest his rule, but state
officials have not signified whether they will do that. Spokesman of Indiana
Medicaid, Marcus Barlow, has revealed the state's attorneys have given the word
to the program to continue adhering to the law passed by the Indiana General Assembly.
Bryan Corbin, the Attorney General's spokesman, hinted said that Berwick's
letter was being reviewed.
By July 1, Pratt promised she will rule on the injunction request.