2 (2 votes)
Healthcare Prof:
5 (1 votes)
The Georgia Supreme Court on Monday heard arguments in a case challenging a state statute that allows Medicaid to pay for abortions only if a pregnancy is life-threatening or will be the result of rape or incest, the Atlanta Journal-Constitution reports (Warren, Atlanta Journal-Constitution, 6/5). The American Civil Liberties Union in December 2003 asked for a temporary restraining order against the state Medicaid statute.
The ACLU filed the lawsuit on behalf of an unnamed woman and several Georgia abortion clinics, which includes Feminist Women’s Wellness Center, Planned Parenthood of Georgia, Planned Parenthood Reproductive Well being Services, Atlanta Surgi-Center, Columbus Women’s Wellness Organization, Summit Medical Associates and Atlanta Women’s Center, claiming that the denial of Medicaid coverage for “medically necessary” abortions violates women’s rights and endangers women’s wellness. Fulton County, Ga., Superior Court Judge Gino Brogdon in December 2003 ruled that Georgia Medicaid is not necessary to cover abortions for ladies whose wellness could be harmed by continued pregnancy (Kaiser Everyday Women’s Wellness Policy Report, 12/23/03).
Fulton County Superior Court Judge Christopher Brasher in December 2006 dismissed the lawsuit in part since the unnamed woman did not first ask for a hearing on her case prior to the Georgia Department of Community Health, the agency that determines which abortions will be covered by Medicaid, the Journal-Constitution reports. The woman underwent the abortion and then filed a lawsuit against Medicaid for refusing to cover the procedure.
Arguments
Based on the Journal-Constitution, the woman stated she suffers from paralysis, spina bifida and kidney problems and stated her physician advised against carrying the pregnancy to term due to the fact potentially it could cause lead to dialysis treatment during pregnancy. State Assistant Attorney General Michelle Townes on Monday stated if the woman had asked for a hearing to review her case, she might have been allowed reimbursement since kidney failure can be fatal.
Louise Melling, director of ACLU’s Reproductive Freedom Project, said that girls in Georgia must not be forced to seek a hearing with the community well being department ahead of obtaining an abortion, adding that it unconstitutionally violates a woman’s right to privacy. The ACLU is asking the Georgia Supreme Court to return the case towards the Fulton County Superior Court (Atlanta Journal-Constitution, 6/5). The justices on Monday did not indicate when they would rule on the case, the Savannah Morning News reports (Eckenrode, Savannah Morning News, 6/5).
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