On August 25, 2015, Planned Parenthood Gulf Coast (PPGC) and three Louisiana Medicaid patients filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the Louisiana Department of Health and Hospitals (DHH) under 42 U.S.C. § 1983 for violations of the Medicaid Act and the First and Fourteenth Amendments. The plaintiffs asked the court for declaratory and injunctive relief to enjoin the defendant from terminating PPGC’s Medicaid provider agreements.

On August 3, 2015, the governor of Louisiana and DHH chose to terminate PPGC's Medicaid provider agreement in response to a misleading video that falsely alleged Planned Parenthood clinics around the country had sold fetal body parts. The plaintiffs claimed that DHH's actions could lead to a critical lack of health care for Louisiana's Medicaid patients such as the three Jane Does plaintiffs in this case. Further, the plaintiffs claimed that the defendant's actions violated the Medicaid Act by denying Medicaid patients the right to choose any willing, qualified healthcare provider in the Medicaid program, and First and Fourteenth Amendment by penalizing the plaintiffs for their constitutionally protected connection to Planned Parenthood and/or abortion.

After commencement of this case, DHH rescinded the first termination of PPGC's Medicaid provider agreement and replaced it with a second termination. In their October 7, 2015 amended complaint, the plaintiffs outlined DHH's stated reasoning for the second termination attempt. Specifically, DHH alleged that PPGC was in violation of Louisiana Administration Code, had failed to follow Medicaid program policies, and had made misrepresentations following the release of the misleading videos. The plaintiffs argued that none of these reasons related to PPGC's competence as a Louisiana Medicaid provider program. In this amended complaint, the plaintiffs further filed for class certification.

On October 18, 2015, Judge DeGravelles denied the defendant's motion to dismiss the case, granted the plaintiffs' motion for a temporary restraining order, and deferred the plaintiffs' motion for a preliminary injunction. Judge DeGravelles enjoined the defendant from terminating PPGC's Medicaid provider agreement for fourteen days until the court could rule on the preliminary injunction. On October 29, 2015, Judge DeGravelles granted the plaintiffs' motion for a preliminary injunction and indefinitely enjoined the defendant from terminating its Medicaid provider agreement with PPGC.

On November 4, 2015, the defendant appealed the decision to the United States Court of Appeals for the Fifth Circuit.

On September 14, 2016 the Fifth Circuit affirmed the lower court's decision.

This case is ongoing.

Gabriela Hybel - 03/06/2017


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