Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Planned Parenthood Arizona, Inc. v. Betlach

United States District Court, D. Arizona

October 19, 2012

PLANNED PARENTHOOD ARIZONA, INC.; Jane Doe # 1; Jane Doe # 2; Jane Doe # 3; Eric Reuss, M.D., Plaintiffs,
v.
Tom BETLACH, Director, Arizona Health Care Cost Containment System; Tom Horne, Attorney General, Defendants.

Page 869

[Copyrighted Material Omitted]

Page 870

[Copyrighted Material Omitted]

Page 871

[Copyrighted Material Omitted]

Page 872

Alice Clapman, Planned Parenthood Federation of America, Washington, DC, Andrew Beck, ACLU, Roger K. Evans, Planned Parenthood Federation of America, Susan Talcott Camp, American Civil Liberties Union, New York, NY, Daniel Benjamin Pasternak, Lawrence Jay Rosenfeld, Greenberg Traurig LLP, Daniel Joseph Pochoda, Kelly Joyce Flood, ACLU, Phoenix, AZ, for Plaintiffs.

Logan T. Johnston, Johnston Law Offices PLC, David Robert Cole, Thomas Matthew Collins, Office of the Attorney General, Phoenix, AZ, Catherine Glenn Foster, Steven Henry Aden, Alliance Defending Freedom, Washington, DC, for Defendants.

Page 873

ORDER AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

NEIL V. WAKE, District Judge.

TABLE OF CONTENTS

I. BACKGROUND 873

A. The Challenged Arizona Act 873

B. The Medicaid Program 874

1. Freedom of Choice Provision 874

2. Waivers for Demonstration Projects 875

C. Arizona's Medicaid Program 875

II. PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION 876

A. Plaintiffs Are Likely to Succeed on the Merits 876

1. Plaintiffs Have a Right to Sue Under 42 U.S.C. § 1983 876

2. Plaintiffs Are Likely to Succeed on Their Claim that the Arizona Act Violates the Freedom of Choice Provision 880

a. The Plain Meaning of the Phrase " Qualified to Perform the Service" Refers to the Ability of the Provider to Perform Medicaid Services 880

b. Section 1396a(p)(1) Does Not Give States Authority to Disqualify Providers for Reasons Unrelated to the Purposes of the Medicaid Act 881

c. Agency Interpretations of § 1396a(a)(23) Are Entitled to So me Deference 884

B. Plaintiffs Will Suffer Irreparable Harm Without Injunctive Relief 886

C. The Balance of Equities Favors Plaintiffs 886

D. Temporarily Enjoining Enforcement of the Arizona Act Is in the Public Interest 887

III. BOND 887

IV. DEFENDANTS' MOTION TO DISMISS COUNTS I AND II 888

Before the Court is Plaintiffs' Motion for Preliminary Injunction (Doc. 6) and Defendants' Motion to Dismiss Counts I and II (Doc. 37). For the reasons below, the Plaintiffs' Motion for Preliminary Injunction will be granted, and the Defendants' Motion to Dismiss will be denied. This Order states the Court's findings of fact and conclusions of law under Fed.R.Civ.P. 52(a)(2).

I. BACKGROUND

A. The Challenged Arizona Act

Plaintiffs brought this action to enjoin the enforcement of Arizona Legislature HB 2800, 2nd Regular Session, 50th Legislature (2002) (" the Arizona Act" ), which prohibits any health care provider who performs elective abortions from receiving Medicaid funding. A.R.S. § 35-196.05. The challenged portion of the Arizona Act provides:

This state or any political subdivision of this state may not enter into a contract with or make a grant to any person that performs nonfederally qualified abortions or maintains or operates a facility where nonfederally qualified abortions are performed for the provision of family planning services.

A.R.S. § 35-196.05(B). For the purposes of the Arizona Act, " nonfederally qualified abortion" is defined as " an abortion that does not meet the requirements for federal

Page 874

reimbursement under title XIX of the social security act." A.R.S. § 35-196.05(F)(4). In turn, an abortion that does not meet the requirements for federal reimbursement is any abortion except where the pregnancy is the result of rape or incest, or threatens the life or health of the mother. Exec. Order No. 13,535, 75 Fed.Reg. 15, 599 (Mar. 24, 2010). The Arizona Act therefore prohibits any person or entity that performs abortions, outside of those exceptions, from participating in Medicaid. On May 4, 2012, Governor Jan Brewer signed the Arizona Act into law after the Act passed by wide margins in both houses of the Arizona Legislature. Though the Arizona Act was scheduled to take effect on August 2, 2012, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.