October 13, 2017

Van Hollen, Senate Democrats File Amicus Brief in Support of Planned Parenthood; Stand Up for Women’s Health & Rights in Texas

U.S. Senator Chris Van Hollen (D-Md.) joined a group of Senate Democrats in filing anamicus briefwith the U.S.Court of Appealsfor theFifth Circuitin the case ofPlanned Parenthood of Greater Texas Family Planning and Preventive Health Services, Inc. et al v. Charles Smith et al.

In 2016, Texas revoked Planned Parenthood's status as a qualified medical provider for Texans on Medicaid. While the move was blocked by a federal judge, the state appealed the injunction and their arguments will soon be heard by the 5thCircuit Court. If the decision is reversed, Texas could be allowed to once again discriminate against Planned Parenthood and its patients, and threaten one of the only affordable providers of family planning, women's healthcare, and cancer screenings in Texas.

"Congress intended to offer Medicaid patients their choice of medically qualified health care providers-particularly for family planning services,"wrote Senate Democrats in their brief."The statute explicitly prevents a state from interfering with a Medicaid patient's selection of provider, as long as the provider is 'qualified to perform the service or services required.'"

In their amicus brief, Senate Democrats called on the court to stop Texas leaders from imposing their ideological preferences on patients and interfering with a Medicaid patient's selection of provider.

"In violation of that unambiguous directive, Texas terminated the Medicaid provider agreements of three Planned Parenthood organizations for reasons unrelated to its medical or professional qualifications. Texas thereby threatened to withhold from low-income patients one of their highest quality family planning options (and sometimes their only such option),"continued Senate Democrats."Its action contravenes Congress's intent toincreasethe availability of quality family planning options and provide patients with meaningful choices."

Joining Senator Van Hollen in filling today's brief are Senators: Ron Wyden (D-OR), Patty Murray (D-WA), Dianne Feinstein (D-CA), Jeanne Shaheen (D-NH), Richard Blumenthal (D-CT), Edward J. Markey (D-MA), Tammy Baldwin (D-WI), Margaret Wood Hassan (D-NH), Tammy Duckworth (D-IL), Al Franken (D-MN), Sherrod Brown (D-OH), Bernard Sanders (I-VT), Catherine Cortez Masto (D-NV), Bill Nelson (D-FL), Kamala D. Harris (D-CA), Maria Cantwell (D-WA), Sheldon Whitehouse (D-RI), Robert P. Casey, Jr. (D-PA), Michael F. Bennet (D-CO), Mazie K. Hirono (D-HI), Kirsten Gillibrand (D-NY), Cory A. Booker (D-NJ), Amy Klobuchar (D-MN), and Jack Reed (D-RI).

Read the full text of the amicus briefHERE.

More Background onPlanned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. et al v. Charles Smith et al.:

On December 20, 2016, after over a year of repeated attempts, Texas health officials from Texas Health and Human Services announced they would be blocking Planned Parenthood from receiving Medicaid funding, citing heavily edited videos as a violation of medical and ethical standards. Planned Parenthood immediately sought an injunction. In February 2017, a federal judge blocked Texas from cutting off funding, saying there was no credible evidence to support its claims. Texas has appealed this decision.