Attorney General Anne Lopez, along with a coalition of 17 attorneys general, has filed an amicus brief urging the U.S. Supreme Court to uphold a lower court's decision affirming Medicaid recipients' right to choose their healthcare providers, including Planned Parenthood. This action follows a 2018 executive order by South Carolina Governor Henry McMaster directing the removal of organizations providing abortion services from the state's Medicaid provider list.
A federal district court ruled against South Carolina's exclusion of Planned Parenthood, and this decision was upheld by the U.S. Court of Appeals for the Fourth Circuit in March 2024. The case is set to be heard by the U.S. Supreme Court on April 2.
"The Medicaid program has a 'free choice of provider' provision that guarantees beneficiaries the right to see any qualified provider of their choice," stated Attorney General Lopez.
Paige Johnson, interim CEO and president of Planned Parenthood South Atlantic, commented on the situation: "This case is politics at its worst and never should have been taken up by the U.S. Supreme Court."
The coalition's brief emphasizes that Medicaid must allow access to a broad range of medical providers to function effectively. It argues that while states have discretion in implementing Medicaid programs, safeguards like the free choice of provider provision are essential to protect patients' rights from restrictive state policies.
Joining Attorney General Lopez in this submission are attorneys general from California, Colorado, Delaware, District of Columbia, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island and Washington.