Golden State Today

California Attorney General Rob Bonta, along with 16 other attorneys general, has submitted an amicus brief to the U.S. Supreme Court supporting Medicaid recipients' right to choose their healthcare providers, including Planned Parenthood. This legal action is part of the case Planned Parenthood South Atlantic v. Medina, where South Carolina terminated Planned Parenthood's participation in Medicaid due to its provision of abortion services outside the Medicaid program. As a result, Planned Parenthood began turning away Medicaid patients.

The central issue is whether Medicaid beneficiaries have a private right of action to access any qualified provider under the Medicaid Act’s free-choice-of-provider provision. Attorney General Bonta emphasized that politicians should not restrict access to qualified providers and highlighted Congress's intention behind this provision.

“Politicians should not be dictating whether Medicaid beneficiaries in their state can or cannot see undisputedly qualified providers. That is precisely why Congress passed the free-choice-of-provider provision at issue in this case,” said Attorney General Bonta.

Planned Parenthood has been serving low-income residents in South Carolina for decades and operates two health centers in underserved areas. These centers provide essential medical care to many Medicaid patients annually.

In 2018, Governor Henry McMaster directed the removal of organizations providing abortion services from South Carolina’s Medicaid provider list, leading to a legal challenge by a state Medicaid recipient. The federal district court ruled against the state's exclusion of Planned Parenthood, and this decision was upheld by the U.S. Court of Appeals for the Fourth Circuit in March 2024.

The coalition argues that access to various qualified providers is crucial for Medicaid's success and mirrors private insurance needs. They assert that the free-choice-of-provider provision protects patient choice from government interference and that South Carolina's actions illustrate why Congress granted this individual right.

Joining Attorney General Bonta are attorneys general from Colorado, Delaware, District of Columbia, Hawai’i, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.

The Supreme Court will hear arguments on April 2.