Montana’s three abortion providers are suing the state over a new rule that restricts Medicaid coverage of abortion.
The state health department rule is set to take effect Monday and providers are asking Lewis and Clark District Court to temporarily block the rule before access to abortion is restricted.
The rule adds new requirements for patients seeking state-funded Medicaid coverage to terminate a pregnancy, like proof they have a physical illness that would be “significantly aggravated” by pregnancy and prior authorization before a procedure. It also prohibit Medicaid coverage for abortions performed by nurse practitioners or physician assistants.
Federal Medicaid dollars cover abortion in cases of rape, incest or life endangerment. But a legal precedent in Montana requires the state to cover Medicaid patients’ abortions more broadly when “medically necessary.”
All Families Healthcare, Blue Mountain Clinic and Planned Parenthood of Montana say the rule will significantly restrict access to abortion for low-income Medicaid recipients. They also argue the rule violates Montana Supreme Court precedents that protect access to abortion.
The court has yet to take action.
