New state health department rules add bureaucracy to Montana residents seeking to take advantage of Medicaid to cover abortions, and the state’s Republican administration is an appropriate and legal limit on state funding. It is a policy that has been debated for a long time.
Proposed rules to tighten reporting standards and require pre-approval of coverage were first introduced near the end of December. Abortion rights advocates, health care providers, and Medicaid recipients argued that the state’s current policy covering medically necessary abortions would help maintain access to healthcare for low-income Montana residents. I am protesting the change.
Although the Hyde Amendment prohibits federal funds from being used for abortions except in cases of rape, incest, or saving a mother’s life, states have their own ways of using state budgets for abortions. You can set a policy. Montana and some other states use Medicaid programs as a way to cover abortion. federal standards.
The Department of Health and Human Services notified lawmakers at the Interim Health Committee on Tuesday that it will proceed with changes to its current policy. The agency’s formal response to public comments on the rule said it did not violate the Armstrong v. state ruling, which has legalized and largely restricted prenatal abortion in Montana for nearly 25 years. There is no precedent. It also says the rule is consistent with a 1995 district court ruling seeking to pay Montana Medicaid for the cost of medically necessary abortions.
“The requirement established in this rulemaking is that Montana’s Medicaid program will pay only for services it has the legal authority to cover and not for elective, non-therapeutic abortions. ,” the state said in a statement. adopting rules.
Although Montana also allows licensed nurse practitioners to provide these services, the rule limits covered abortions to those performed by a doctor. To obtain pre-approval for insurance coverage, the provider submits information and documentation to ensure that the pregnant patient has had an abortion in order to save her from death or “because she is suffering from a significantly worsening physical or mental condition.” must prove that it is necessary. ” by pregnancy. This rule will come into effect on May 1st.
The Sexual and Reproductive Health Collective of Montana, a group of abortion clinic providers and community organizers, criticized the agency’s decision in a statement Wednesday.
“Patients and their providers should not have to go through unnecessary hassles to prove to bureaucrats why they need access to safe abortion care,” said the group’s community engagement advocate. Hillary Anne Crosby said. “Despite tremendous opposition from people enrolled in Medicaid, health care providers, and others, we are disappointed that DPHHS has chosen to pursue this path, and we are all Montana. We will continue to fight for our residents’ constitutional rights to abortion.”
Martha Fuller, CEO of Planned Parenthood of Montana, echoed these concerns in response to the health agency’s policy change, saying the policy raises the bar for patients.
“It is very important for low-income Montana residents to be able to access Medicaid coverage for abortion with minimal barriers. “It will exacerbate the financial distress and harm families in Montana by allowing women to continue their pregnancies,” Fuller said.
Two other initiatives to curb how Medicaid is used for abortion have been introduced into Congress and continue to the governor’s desk.
House Bill 544sponsored by Congressman Jane Gillette, R-Boseman, almost a replica of the state health department regulations. It passed the House and cleared a major hurdle in the Senate on Tuesday.
another measure, House Bill 862sponsored by Congressman Mike Hopkins, R-Missoulawhich implements the standards of the federal Hyde Amendment to Montana law and limits Medicaid coverage for abortions unless the pregnancy “endangers the woman to death” or is the result of rape or incest.
Gillette’s proposal passed the Senate’s second reading, 32 to 18, with most Republicans voting in favor. Hopkins’ bill lost the Republican vote by one vote, passing the first ballot 31 to 19. Neither bill has been sent to Governor Greg Gianforte’s office.
In recent weeks, several other abortion restrictions have passed both Houses of the Republican majority. Among them are House Bill 721It bans the most common and safest procedure for mid-trimester abortion and has received mostly party support in the House and Senate. another, House Bill 575prohibits abortion after 24 weeks. House Bill 937A bill to require licensing of abortion clinics passed another hurdle in the Senate on Tuesday.
Gianforte’s office has received a letter from an abortion rights advocacy group asking him to veto the bill.
this story originally appeared You can find it online at the Montana Free Press. Montana Free Press.org.