Gov. Bobby Jindal’s administration told a federal judge that Louisiana can boot Planned Parenthood from Medicaid under both federal law and the terms of the organization’s state contract.
The Associated Press reports lawyers for Jindal health secretary Kathy Kliebert filed documents in advance of a Wednesday court hearing in which Planned Parenthood Gulf Coast is seeking a restraining order to block Jindal from removing its clinics as Medicaid providers.
The Jindal administration says Planned Parenthood improperly filed a lawsuit when it should have complained to the federal Medicaid agency, which can withhold Medicaid financing if Louisiana is deemed to have violated federal law.
“The bottom line is that (Planned Parenthood’s) remedy is not before this court,” writes Kimberly Sullivan, a lawyer for Kliebert.
The administration also says Planned Parenthood agreed in its state contract that it could be ousted from the program at-will by Louisiana officials, giving up any rights to sue when the governor decided to end its Medicaid provider agreements.
Jindal, a Republican presidential candidate, announced this month he was cutting off the funding to Planned Parenthood’s clinics in Baton Rouge and New Orleans, citing hidden-camera videos that accuse the organization of profiting from fetal tissue sales after abortions. Planned Parenthood denies the allegations, saying the videos are heavily edited and misleading.
The Medicaid payments are set to end Wednesday unless U.S. District Judge John deGravelles intervenes. In its lawsuit, Planned Parenthood says termination of its Medicaid provider agreements will limit health services for 5,200 low-income patients, in violation of federal law.
Planned Parenthood doesn’t currently provide abortions in Louisiana, but offers cancer screenings, birth control, gynecology exams, sexually transmitted disease treatment and other health services. The organization says the clinics were reimbursed nearly $730,000 during its last budget year for services provided to Medicaid patients. The lawsuit says without the Medicaid revenue, the clinics may be forced to reduce staff and hours and the Baton Rouge clinic may shut down entirely.
In its court filing, the Jindal administration maintains no patients will be harmed with the removal of Planned Parenthood from the state’s Medicaid program. The administration says 1,146 Medicaid providers in the New Orleans area and 864 in the Baton Rouge area offer services similar to Planned Parenthood’s clinics.
