Attorney General Anthony G. Brown of Maryland has joined forces with a coalition of 17 attorneys general in an effort to uphold a crucial healthcare right. The group filed an amicus brief with the Supreme Court of the United States, advocating for the affirmation of a lower court’s decision that grants Medicaid recipients the right to choose their healthcare providers, including organizations like Planned Parenthood.
This legal action responds to a 2018 executive order by South Carolina Governor Henry McMaster, which aimed to exclude organizations that offer abortion services, such as Planned Parenthood, from the state’s Medicaid provider list. This decision was challenged by a Medicaid recipient in South Carolina, leading to a federal district court ruling that deemed the exclusion unlawful. The U.S. Court of Appeals for the Fourth Circuit supported this decision in March 2024, emphasizing that the Medicaid Act ensures patients’ freedom to select their qualified healthcare providers, independent of state interference.
The coalition’s brief highlights the essential role of Medicaid in providing vulnerable populations with access to comprehensive, affordable, and quality healthcare. Planned Parenthood, beyond offering abortion services, provides essential healthcare services including birth control, screenings for sexually transmitted infections, and educational resources—all crucial for historically underinsured groups.
The brief argues that while states have significant leeway in administering Medicaid programs, there are important safeguards like the free choice of provider provision. This is intended to protect the healthcare choices of the individual from excessive governmental control, ensuring that decisions remain in the hands of patients and medical professionals, not dictated by government policy.
The Supreme Court is scheduled to hear the case on April 2, as the nation watches closely. The outcome could have significant implications for how Medicaid recipients access healthcare across the country. Joining Maryland in the brief are the attorneys general from California, Colorado, Delaware, District of Columbia, Hawai’i, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.
