Lawsuit Filed to Stop New Medicaid Rule Restricting Abortion in Montana 

Abortion providers ask court to block a new rule that would eliminate abortion access for Medicaid patients; rule could take effect as early as Monday

HELENA, MT — Today, all three of Montana’s abortion providers filed a lawsuit in district court in Lewis and Clark County challenging a new rule by the Montana Department of Public Health and Human Services (DPHHS) that will effectively eliminate abortion access for most Medicaid patients in the state. The abortion providers are asking for a temporary restraining order to block the rule, which would go into effect on Monday, May 1. The lawsuit was filed by Planned Parenthood Federation of America, the Center for Reproductive Rights, and the ACLU of Montana on behalf of All Families Healthcare, Blue Mountain Clinic, and Planned Parenthood of Montana.

Currently, the state of Montana covers medically necessary abortions for patients enrolled in Medicaid. The rule mandates that: only physicians can provide abortions to Medicaid patients, drastically narrowing down the pool of abortion providers for those covered by the state’s program; imposes an unnecessary physical exam requirement — eliminating telehealth abortion for Medicaid-eligible Montanans; and forces providers to seek prior authorization for abortions for Montanans eligible for Medicaid, which delays access to time-sensitive services. The rule also redefines “medically necessary” to restrict abortion access for Medicaid recipients. Without judicial relief, these changes will significantly limit abortion access for Montanans’ with low incomes. 

The lawsuit argues the rule would violate the right to privacy and the right to equal protection under the Montana Constitution, as well as the Montana Administrative Procedure Act. In 1999, the Montana Supreme Court recognized that the state constitution protects Montanans’ right to obtain an abortion and to access that care from a health care provider of their choice. 

Joint statement from leaders from Planned Parenthood Federation of America, Center for Reproductive Rights, and ACLU of Montana on behalf of All Families Healthcare, Blue Mountain Clinic, and Planned Parenthood of Montana:  

“Today, we are asking the Court to halt a dramatic and rushed effort on the part of the State of Montana that would essentially cut off abortion access for Medicaid patients in the state. Not only does the rule threaten the health and safety of the very Montanans DPHHS purports to protect, it also violates their rights under the state’s own constitution. This is just another concerted effort to take away Montanans’ fundamental rights and restrict access to essential health care. 

Pregnant people who rely on Medicaid deserve the same vital, timely, and potentially life-saving care as every other Montanan. Unless this rule is blocked, health inequity in the state will dramatically increase as patients are forced to travel even further afield to access the health care they need, if they can at all. We are fighting to ensure that Montanans can make decisions about their own bodies, lives, and futures regardless of their income and insurance status.” 

The lawsuit was filed by Planned Parenthood Federation of America, Raph Graybill of the Graybill Law Firm, and Tanis Holm of Edmiston & Colton Law Firm on behalf of Planned Parenthood of Montana, and the Center for Reproductive Rights, the ACLU of Montana, and Erin Erickson of Bohyer, Erickson, Beaudette, and Tranel P.C. on behalf of All Families Healthcare and Blue Mountain Clinic. 

Read a copy of the complaint here. 

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