Kansas Attorney General Derek Schmidt has announced his office will appeal today’s ruling by U.S. Judge J.Thomas Marten, ordering a temporary injunction that helps Planned Parenthood regain access to Title X tax funding.
Dr. Robert Moser, who was also sued in his capacity as Secretary for Kansas Department of Health and Environment, commented:
“Title X was not intended to be an entitlement program for Planned Parenthood. Other providers are already offering a fuller spectrum of health care for Kansas patients. This highly unusual ruling implies a private organization has a right to taxpayer subsidy. The people of Kansas disagree.”
Moser references the state budget provision passed this year that prioritizes recipients of Title X federal reimbursements to be full service public health clinics and hospitals. When such health providers can count on receiving a certain dollar amount, it helps that community hire a general clinician who can also deliver health services for infants, youth and seniors.
Kansas has approximately 80 public health clinics as well as many other full service health outlets that can provide the elementary examinations, contraceptives and disease testing typically reimbursed under Title X. These services require ordinary medical talent not unique to Planned Parenthood.
Because it does not offer primary and preventive care, but primarily reproductively-related services, Planned Parenthood no longer qualified for a Title X contract under the new law. They sued the state for discrimination and and for enacting an unconstitutional attack on low-income women’s health care choices.
Marten sided with abortion giant Planned Parenthood, and ruled Title X funding must be “free from punitive, viewpoint-based or associational discrimination.” We would have been shocked had Marten denied Planned Parenthood anything, given
- the national press campaign portraying women’s health as being in jeopardy without abortion giant Planned Parenthood;
- the hard line the Obama administration took against Indiana in a similar assertion of state control over tax-funded health care;
- Marten’s 2005 ruling against the 2003 AG opinion that abortion clinics were non-discretionary mandatory reporters.