Attorney General Anthony G. Brown joined 17 other attorneys general in filing an amicus brief urging the U.S. Supreme Court to uphold a lower court ruling that affirms Medicaid recipients’ right to choose their healthcare providers, including Planned Parenthood. The brief argues that Medicaid’s free choice of provider provision protects patients’ ability to access a broad range of medical services, while South Carolina seeks to restrict Medicaid funding for certain providers.
Per the news release distributed Wednesday, March 12: “Attorney General Anthony G. Brown today joined a coalition of 17 attorneys general in filing an amicus brief urging the Supreme Court to affirm a lower court’s decision recognizing Medicaid recipients’ right to choose qualified healthcare providers, including Planned Parenthood.
“All Marylanders, regardless of their income or insurance, deserve the freedom to choose a medical provider who can meet the full spectrum of their health needs,” said Attorney General Brown. “These decisions should be guided by medical expertise and patients’ own personal choices, not outside influences.”
In 2018, South Carolina Governor Henry McMaster issued an executive order directing the state’s Department of Health and Human Services to remove organizations that provide abortion services, including Planned Parenthood, from its Medicaid provider list. A South Carolina Medicaid recipient challenged the order, and a federal district court ruled that the state’s exclusion of Planned Parenthood was unlawful. In March 2024, the U.S. Court of Appeals for the Fourth Circuit upheld that decision, affirming that the Medicaid Act allows patients to choose their own qualified healthcare providers. South Carolina has sought review from the U.S. Supreme Court, which is set to hear the case on April 2.
The coalition’s amicus brief emphasizes that Medicaid ensures vulnerable populations have access to safe, affordable, and quality healthcare. For Medicaid to function effectively, patients must be able to access a broad range of medical providers, including reproductive healthcare providers. In addition to abortion services, Planned Parenthood provides birth control, STI screenings, and educational services, which are particularly vital to historically underinsured populations.
The brief argues that while states have discretion in implementing Medicaid programs, safeguards such as the free choice of provider provision prevent policies that restrict Medicaid recipients to a limited set of healthcare providers. The coalition contends that South Carolina’s actions highlight why Congress established protections to uphold patient choice in healthcare decisions.
Joining Attorney General Brown in submitting the brief were attorneys general from California, Colorado, Delaware, the District of Columbia, Hawai’i, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.”