On September 11, 2015, two Planned Parenthood Clinics (provider plaintiffs) and three Arkansas Medicaid patients (Jane Doe Plaintiffs) filed this lawsuit in United States District Court for the Eastern District of Arkansas. The plaintiffs sued the Arkansas Department of Human Services (ADHS) under 42 U.S.C. § 1983 for violations of the Medicaid Act and the First and Fourteenth Amendments to the United States Constitution. The plaintiffs asked the court for declaratory and injunctive relief enjoining the defendant from excluding Planned Parenthood as a Medicaid provider.
Specifically, the plaintiffs claimed that on August 15, 2015, ADHS notified the provider plaintiffs that ADHS would soon terminate provider plaintiffs' Medicaid provider agreements. While ADHS gave no reason for the termination, a press release by Arkansas Governor Asa Hutchinson indicated that the decision was in reaction to heavily edited videos released by anti-choice advocates claiming Planned Parenthood clinics in other states had sold fetal body parts. The plaintiffs claimed that such videos were both misleading and had no relevance as to provider plaintiffs' ability to offer quality Medicaid services. Further, the plaintiffs claimed that termination of the provider plaintiffs' Medicaid provider agreements violated the Medicaid Act by denying the Jane Doe plaintiffs their right to choose the willing and qualified health care provider of their choice; the First and Fourteenth Amendment by penalizing the plaintiffs for their constitutionally protected association with abortion providers; and the Equal Protection Clause by singling plaintiffs out for unfavorable treatment.
On September 18, 2015, U.S. District Judge Kristine G. Baker issued a temporary restraining order enjoining the defendant from suspending Medicaid payments to the provider plaintiffs for the next 14 days. On October 2, 2015, Judge Baker issued a preliminary injunction enjoining the defendant from suspending Medicaid payments to the provider plaintiffs for services received by Jane Doe patients. On October 5, 2015, the defendant appealed Judge Baker's preliminary injunction order to the United States Court of Appeals for the Eighth Circuit.
While the appeal was pending, on October 5, 2016, plaintiffs filed a motion for class certification for any Medicaid patient receiving or desiring to receive health services from Planned Parenthood. Judge Baker granted class certification on January 25, 2016. On March 3, 2016, Judge Baker amended the class certification to remove any requirement that the plaintiffs notify class members.
On September 28, 2016, Judge Baker issued a new preliminary injunction enjoining the defendant from suspending Medicaid payments to provider plaintiffs for services received by any members of the plaintiff class. This included any Arkansas Medicaid patient who receives services from the provider plaintiffs.
On October 27, 2016, ADHS appealed the second preliminary injunction to the United States Court of Appeals for the Eighth Circuit. This appeal was consolidated with the defendants October 5, 2015 appeal of the first preliminary injunction. On Nov 30, 2016, the plaintiffs submitted their third amended complaint.
The Eighth Circuit Court of Appeals issued its opinion regarding the preliminary injunction on August 16, 2017. 867 F.3d 1034. The court (Judges Colloton, Melloy, and Shepherd), vacated both preliminary injunctions in a 2-1 opinion. The court found that the plaintiffs did not have a likelihood of success on the merits of their claims, because the provision of the Medicaid Act did not unambiguously create a federal right for individual patients that can be enforced under § 1983. Judge Melloy dissented, because he would join the four other circuit courts and numerous district courts that all have found a private right of enforcement under the Medicaid Act.
After the Eighth Circuit issued its opinion, the plaintiffs again made a motion for the district court to grant a preliminary injunction on January 19, 2018 - this time on their Constitutional claims rather than their claim regarding the Medicaid Act. While the Court was considering the motion for preliminary injunction, the defendant filed a motion for
judgment on the pleadings as to plaintiffs’ Medicaid Act claim. The court denied
the motion for a preliminary injunction based upon plaintiffs’ constitutional claims on July 30, 2018.
On March 24, 2019, Judge Baker denied defendant's motion for judgment on the pleadings as to plaintiffs’ Medicaid Act claim, concluding that a ruling on the motion for judgment on the pleadings as to plaintiffs’ Medicaid Act claim was neither necessary nor helpful at this stage of the litigation. In the same order, she also denied plaintiffs' motion to stay the proceedings. The case is ongoing.
Gabriela Hybel - 03/20/2017
Michael Beech - 04/01/2019
compress summary
