Michigan Court Enjoins Statute Limiting Abortions Covered by Medicaid

Extract

In Planned Parenthood Affiliates of Michigan v. Engler (73 F.3d 634 (6th Cir. 1996)), the United States Court of Appeals for the Second Circuit held that § 400.109(a) of the Social Welfare Act of Michigan (Mich. Comp. Laws Ann. § 400.109(a) (1994)) impermissibly conflicts with the Medicaid Act (Social Security Act tit. XIX, 42 U.S.C. §§ 1396 et seq. (1988)) as modified by the 1994 Hyde Amendment (Pub. L. No. 103-112, § 509, 107 Stat. 1082-1113 (1994)), insofar as the § 400.109(a) only provides state funding for abortions necessary to save the life of a mother, and not for abortions resulting from rape or incest. The court held that the Hyde Amendment defines medically necessary abortions that must be funded by states participating in the federal Medicaid program, and that the amendment is not merely a federal appropriations bill.