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Stuart Bowen

Fifth Circuit does it again

Another terrible ruling by a terrible judge on a terrible court.

Right there with them

A federal appeals court has lifted a lower court order that blocked Texas from booting Planned Parenthood out of Medicaid, potentially imperiling the health care provider’s participation in the federal-state health insurance program.

A three-judge panel on the U.S. 5th Circuit Court of Appeals ruled Thursday that Sam Sparks, the federal district judge who preserved Planned Parenthood’s status in the program in February 2017, had used the wrong standard in his ruling. The appeals court sent the case back to him for further consideration.

The case stems from a long-running flap over a misleading video released in late 2015 by the anti-abortion group Center for Medical Progress, which suggested that abortion providers at Planned Parenthood sold fetal tissue for profit. The sting video included edited clips of Planned Parenthood officials discussing the use of fetal tissue for research. A string of investigations that followed the video’s release were unable to confirm its claims, but it energized a crusade against the health care provider and sparked outrage from the state’s Republican leadership.

[…]

In February 2017, a federal judge in Austin ruled that Texas clinics affiliated with Planned Parenthood could continue to care for patients under the state’s Medicaid program. The state’s arguments, Sparks wrote in a 42-page ruling, were “the building blocks of a best-selling novel rather than a case concerning the interplay of federal and state authority through the Medicaid program.”

But a panel on the conservative-leaning appeals court said Thursday that Sparks had used the wrong standard in his ruling, taking the arguments as a novel, or “de novo,” review and by “giving no deference” to the findings of the state agency that opted to expel Planned Parenthood in the first place. The Office of Inspector General, an arm of the state’s health and human services agency charged with rooting out fraud and abuse, claimed the videos “showed “that Planned Parenthood violated state and federal law.”

“OIG is the agency that the state of Texas has empowered to investigate and penalize Medicaid program violations. The agency is in the business of saying when providers are qualified and when they are not,” Judge Edith Jones wrote. “It is [odd] to claim that federal judges, who have no experience in the regulations and ethics applicable to Medicaid or medical practice, much less in regard to harvesting fetal organs for research, should claim superior expertise.”

See here for the background. Of course Edith Jones would insist that we have to take seriously the lying video of lying liars when it suits her agenda. She’s as predictable as the sunrise. Now we go back to district court and try again to knock down the bullshit. What an utter disgrace.

Texas cannot bar Planned Parenthood from Medicaid

Good.

Right there with them

U.S. District Judge Sam Sparks ruled Tuesday afternoon that Texas clinics affiliated with Planned Parenthood can continue to care for patients under the state’s Medicaid program, a phew-worthy victory for reproductive rights advocates and a loss for the state’s GOP leaders.

In a 42-page ruling, Sparks wrote that the state’s arguments in the case were “the building blocks of a best-selling novel rather than a case concerning the interplay of federal and state authority through the Medicaid program.”

“After reviewing the evidence currently in the record, the Court finds the Inspector General, and thus [the Texas Health and Human Services Commission], likely acted to disenroll qualified health care providers from Medicaid without cause,” the ruling read. “Such action would deprive Medicaid patients of their statutory right to obtain health care from their chosen qualified provider.”

[…]

In court, Planned Parenthood attorneys argued that not allowing the reproductive health provider to stay in the Medicaid program, which is largely funded by the federal government, would severely curb access to care for poor Texas men and women seeking preventive and sexual health services. The attorneys also argued that the state did not have the capacity to deliver these services in the same way Planned Parenthood does and reiterated that state and federal law already prohibit taxpayer dollars from being spent on abortion services.

State attorneys, meanwhile, leaned heavily on the web video throughout court proceedings, pointing out various clips as part of their evidence. While the video appeared to back up their claims, Planned Parenthood attorneys forced several of the state’s witnesses to concede that no employees were seen committing illegal acts in the undercover video.

Throughout the ruling, the phrase “no evidence” appears multiple times. Sparks said Texas Health and Human Services Commission Inspector General Stuart W. Bowen Jr. “did not have prima facie of evidence, or even a scintilla of evidence” for the termination. He cited that the Center for Medical Progress video, the evidence against Planned Parenthood Gulf Coast and dragging in other Planned Parenthood affiliates were “three overarching bases for termination.”

Sparks said that “for those not blessed with eight free hours to watch” the video, it mostly contained a Planned Parenthood Gulf Coast employee and Center for Medical Progress representatives talking in “unclear and ambiguous dialogue” that was open to interpretation. He said the Texas Health and Human Services Commission did not provide evidence that they had authenticated the video before going forward with termination efforts.

While state attorneys tried to show that the reproductive health organization had “a willingness” to profit from procuring fetal tissue, Sparks said he did not find evidence of that.

“The Court is unconvinced mere willingness, without any evidence of attempt, is enough to deprive a Medicaid beneficiary of the right to her otherwise qualified provider,” the ruling read.

See here for the previous update. Shockingly, the fraudulent anti-PP videos made by the lying liars at the Center for Medical Progress turned out to have no evidentiary value for the state. Who’d a thunk it, am I right? I presume the state will appeal from here, and if the Trump scandal machine ever lets up enough to allow legislation to be passed by Congress, a federal bill could be passed to change the law that PP relied on here to get this action overturned. It’s a little premature to celebrate, is what I’m saying. Still, this is a big deal, and it’s always nice to see Ken Paxton lose in court. The Chron, the AusChron, and Trail Blazers have more.

Planned Parenthood still in Medicaid

For now, pending judgment.

Right there with them

U.S. District Court Judge Sam Sparks on Thursday delayed Planned Parenthood’s ouster from the state’s Medicaid program until Feb. 21.

[…]

During closing arguments Thursday hearing, attorneys from both sides cited clips from the video. Sparks said he wanted all involved to review the video footage and present their findings to him Jan. 30.

“I don’t know if I’ll be able to give an opinion [without further review of the video],” Sparks said.

During the final day of testimony, the state continued to make its case that Medicaid patients would still have access to health services without Planned Parenthood’s help.

Jami Snyder, associate commissioner for Medicaid and CHIP, said on the stand that there were 141,000 providers available in the program, including 29,000 primary care physicians and 3,300 OBGYNs. She said the program has “a very robust network” thanks to strict network adequacy requirements for the managed care organizations that help with Medicaid and patients have a variety of tools to help them find a new doctor. She said the available providers dwarf Planned Parenthood’s presence.

“What we know to be true is that a variety of providers in our network offer family planning services,” Snyder said.

But Planned Parenthood lawyers pressed Snyder on provider availability, forcing her to admit she was unsure if all of the Medicaid providers offer weekend hours or walk-in appointments like the reproductive health organization does. Snyder also admitted Medicaid providers do not necessarily offer the exact same services as Planned Parenthood.

Snyder also elicited gasps in the courtroom when she admitted she did not know about surging maternal mortality rates in Texas.

See here and here for the background. The video in question is of course the bullshit Center for Medical Progress video. Way to be on top of breaking women’s health news there, Jami Snyder! With skills like that I don’t know how you weren’t picked to head up HHS in Washington. Trail Blazers, the Current, Newsdesk, and the Chron have more.

Here we go again with Planned Parenthood and Medicaid

Rooting for another injunction.

Right there with them

Texas officials are back in federal court this week over abortion-related policy, this time to defend efforts to oust Planned Parenthood from Medicaid.

Planned Parenthood has asked U.S. District Judge Sam Sparks to block the ouster as illegal, unjustified and unfair — an improperly political move that could deprive about 11,000 low-income Texans of access to contraceptives, cancer screening, breast exams and testing for sexually transmitted infections.

Lawyers for Texas argue that a 2015 video, shot by abortion opponents using a hidden camera, showed a pattern of “gross violations of medical and ethical standards” — as well as human decency — in the fetal tissue donation practices of a Planned Parenthood clinic in Houston.

“The state should not have to wait until it is too late before it can act to protect Medicaid recipients and taxpayers,” lawyers for Attorney General Ken Paxton told Sparks in a legal brief.

Sparks will hear three days of testimony beginning at 9 a.m. Tuesday in his Austin courtroom in a case with a tight deadline. Planned Parenthood is scheduled to be dropped from the Texas Medicaid program Saturday.

One option for the judge is a temporary order blocking the ouster — keeping the status quo until he can research and write an opinion.

That’s what Sparks did when abortion providers sued to block a state rule requiring clinics and hospitals to bury or cremate fetal remains from abortions or miscarriages. After hearing two days of testimony earlier this month, Sparks promised a ruling by the end of next week.

No matter how Sparks rules — in either case — the losing side is expected to appeal, meaning it could be months before the fate of Planned Parenthood or the fetal burial rule is determined.

See here for the background. Yes, the state is actually using those utterly fraudulent Center for Medical Progress videos as evidence for tossing Planned Parenthood from Medicaid. This is basically the equivalent of arguing that because you found a dollar under your pillow this morning, the Tooth Fairy must really exist. I don’t think there’s anything one can add to that. The Trib has a first day of testimony report, and Trail Blazers and the Texas Standard have more.

Back to court for Planned Parenthood

Here we go again.

Right there with them

Planned Parenthood late Friday asked a federal judge in Austin to block plans by Texas officials to kick the organization out of Medicaid.

Calling state plans “nothing more than a politically motivated witch hunt,” Planned Parenthood asked U.S. District Judge Sam Sparks to issue an injunction or temporary restraining order allowing an estimated 11,000 Texans to continue receiving contraceptives, well-woman exams and screenings for cancer and HIV from the organization.

Planned Parenthood received $4.2 million in Medicaid funding in fiscal year 2015, the latest information available, to provide the services to low-income Texans.

A hearing in the case had previously been set for 9 a.m. Jan. 17 in Sparks’ Austin courtroom.

Citing undercover videos shot by abortion opponents and made public last year, Texas officials announced Dec. 20 that Planned Parenthood would no longer be an approved Medicaid provider as early as Jan. 21.

[…]

Planned Parenthood also argued that Medicaid, a joint federal-state program, operates under U.S. rules that allow patients to receive care from the qualified provider of their choice.

Similar efforts to oust Planned Parenthood from Medicaid programs in Louisiana, Alabama, Arkansas, Kansas and Mississippi have all been blocked by courts for violating the federal provider-choice rule, the organization’s lawyers said.

See here for the background. The video is bullshit, produced by known liars, but it’s sufficient as a pretext for the state to do what it has wanted to do for over a year. The only question is whether they’ll get away with it or not. The DMN has more.

Texas follows through on threat to pull Medicaid funds from Planned Parenthood

More than a year after the initial threat was made. Clearly, you can’t rush these things.

Right there with them

After more than a year of delays, Texas is officially kicking Planned Parenthood out of the state’s Medicaid program.

In a move that could affect thousands of low-income women, state health officials on Tuesday delivered a final legal notice to defund the organization from the Medicaid program through which it provides family planning and women’s health services to the poor. Planned Parenthood had previously received $3.1 million in Medicaid funding, but those dollars will be nixed in 30 days, according to the notice which was obtained by The Texas Tribune.

That cut-off day will only be delayed if the organization appeals the state’s decision in the next 15 days by requesting an administrative hearing with the Texas Health and Human Services Commission. But Planned Parenthood officials say they will instead turn to the courts to block the cuts.

“Planned Parenthood continues to serve Medicaid patients and will seek a preliminary injunction in an ongoing lawsuit filed in November 2015, following the state’s original threats to take action against Planned Parenthood’s patients,” said Yvonne Gutierrez, executive director of Planned Parenthood Texas Votes, the organization’s political arm.

[…]

In the final notice, Texas Health and Human Services Inspector General Stuart Bowen said the undercover videos — which depicted Planned Parenthood officials discussing the use of fetal tissue for research — showed “that Planned Parenthood violated state and federal law.”

Bowen claimed in the letter that the videos revealed Planned Parenthood has a history of “deviating from accepted standards” to procure tissue samples for researchers and a “willingness to charge more than the costs incurred for procuring fetal tissue,” among other violations.

“Your misconduct is directly related to whether you are qualified to provide medical services in a professionally competent, safe, legal and ethical manner,” Bowen wrote in the letter. “Your actions violate generally accepted medical standards, as reflected in state and federal law, and are Medicaid program violations that justify termination.”

Planned Parenthood has vehemently denied those claims, and it has criticized the videos the state is pointing to as evidence as being heavily edited to imply malfeasance. Its health centers in Texas have also said they do not currently donate fetal tissue for research. Their Houston affiliate did participate in a 2010 research study with the University of Texas Medical Branch.

State health officials initially alleged they also had “reliable information indicating a pattern of illegal billing practices” by the organization. But Tuesday’s letter made no mention of billing fraud.

The “videos” in question are the ones made by the fraudsters in Houston, who wound up being indicted themselves before those charges were dropped in an oddly-timed fashion. The fact that the state is still citing these fraudulent videos and still making the same wild claims they have never even tried to back up tells you everything you need to know about the strength of their case. There’s already been a lawsuit filed over this, and now that the state has sent a final letter it will move forward, which among other things means the state will have to produce whatever evidence it has. Good luck with that. I should note also that multiple other states have tried this in the recent past, and all of them have lost in court. Some lessons have to be learned the hard way. The Austin Chronicle has more.

The state was full of it all along on Planned Parenthood

Shocked, shocked I am.

Right there with them

Right there with them

Almost two months after Texas Republican leaders announced they would kick Planned Parenthood out of Medicaid, it hasn’t happened.

The organization is still receiving federal and state funds to provide health care for about 13,500 low-income women a year, and the state officials who called for a cutoff, including Gov. Greg Abbott, have fallen silent on why the funding continues.

But the state’s hesitance to pull the trigger reflects a recent pattern in its dealings with an organization that is a lightning rod for any political debate that even remotely touches on abortion. Repeatedly, raising claims of fraud or wrongdoing, conservative Texas politicians have vowed to fine or punish the organization.

And repeatedly, when the smoke cleared there was no fire.

[…]

On Oct. 21, Planned Parenthood affiliates in Texas received a “notice of termination” from the state Health and Human Services Commission announcing it was axing the organization’s Medicaid contract, citing the videos and unspecified allegations of Medicaid fraud.

The agency’s inspector general, the letter said, had “reliable information indicating a pattern of illegal billing practices” that would disqualify Planned Parenthood from participating in Medicaid.

The commission’s chief fraud investigator, Stuart Bowen, gave Planned Parenthood 30 days to respond and request an “informal resolution meeting” with health commission attorneys. If it didn’t, the state said it would issue a “final notice of termination” formally booting Planned Parenthood from Medicaid — an order that would go into effect 15 days after the organization received it.

Worried they would be cut from the Medicaid program as early as Dec. 8, Planned Parenthood affiliates in November filed a federal lawsuit seeking to block Texas’ efforts. In it, Planned Parenthood argued that terminating its Medicaid contract would prevent low-income women, including 10 unnamed patients that signed on to the case, from obtaining services from a “qualified, willing provider” as required by law.

But when U.S. District Judge Sam Sparks considered the organization’s request for a restraining order on Dec. 8, a curious fact emerged. Despite its claims that it had proof of misconduct, state health officials never delivered the final legal notice to defund the organization.

Lacking a final notice of termination, Sparks canceled the hearing.

“Planned Parenthood has not received official notice from the state for termination of our health centers’ continued participation in Medicaid so our court case is delayed,” said Sarah Wheat, a vice president for Planned Parenthood of Greater Texas.

The state’s efforts to nix the Medicaid dollars have been “political from the start,” Wheat said.

[…]

In a previous interview with the Tribune, Bowen emphasized that the “notice of termination” sent to Planned Parenthood in October was the start of a civil enforcement process — not a final determination of the organization’s status as a Medicaid provider.

“We did not terminate them,” he said. “We began a process … inclusive of the development of evidence.”

Bowen’s explanation appeared at odds with the wording of the notice sent to Planned Parenthood and public statements made by Abbott and other top state officials indicating that Planned Parenthood would indeed be ousted from the program.

It remains unclear why Planned Parenthood has yet to receive the final notice, and the Office of Inspector General has declined to provide any details about its investigation into the organization.

It’s not unclear at all. Sarah Wheat explained it quite succinctly and sufficiently. But Abbott and his ilk got what they wanted, even if they won’t get what they promised. The people they were really speaking to, including a few shamefully gullible “journalists”, heard what they wanted to hear. Truthfulness wasn’t a factor, all they wanted was the rah rah. It’s up to the rest of us to remember that.

Planned Parenthood sues Texas

Here we go.

Right there with them

Right there with them

Planned Parenthood’s Texas affiliates on Monday filed a federal lawsuit to keep state health officials from booting them from the state’s Medicaid program.

Following Texas’ announcement in October that it would stop funding any care for poor women at Planned Parenthood clinics — a response to what state officials called “acts of misconduct” revealed in undercover anti-abortion videos — the women’s health organization is asking the courts for a reprieve.

Ten patients joined Planned Parenthood in the lawsuit, according to the organization. One of those is Kendra Hudson of Houston, who said a pap smear she got at a Planned Parenthood clinic allowed her to identify an abnormal growth and prevent it from developing into cancer.

“They were the provider that I trusted and felt comfortable with,” Hudson told reporters on Monday. By cutting off Medicaid funding to the women’s health organization, Planned Parenthood argues that thousands of other women could lose access to similar services they couldn’t get elsewhere.

The state’s move wouldn’t just end state funding for Planned Parenthood services like pregnancy tests, contraception and cancer screenings. It would also end the allocation of federal dollars to Planned Parenthood through Medicaid, the joint state-federal insurer of last resort that is administered by Texas. In 2015, Texas spent $310,000 of its own money on the women’s health organization while distributing $2.8 million in federal dollars.

[…]

The legal challenge in Texas is the latest in a series of lawsuits filed across the country over how Medicaid dollars are disbursed to Planned Parenthood clinics. Texas’ move comes weeks after a federal district court in Louisiana temporarily halted similar efforts there until the courts could better examine the issue. Other lawsuits are also making their way through the courts in Alabama and Arkansas.

Federal health officials notified the Texas Health and Human Services Commission late last month that kicking Planned Parenthood out of Medicaid could be a violation of U.S. law.

See here, here, and here for the background, and here for a copy of the lawsuit. The Observer adds a few details:

Republican lawmakers and anti-abortion groups have long claimed that other providers would be able to fill the void left by any Planned Parenthood ouster. Not so, said Dr. Hal Lawrence, CEO at the American Congress of Obstetricians and Gynecologists, during a press call announcing the lawsuit.

In fact, he said, it’d be “next to impossible” for non-Planned Parenthood providers to provide the same volume and quality of care. “It’s very difficult in many states to get Medicaid patients in to see other providers, schedules are already full,” Lawrence told reporters.

Planned Parenthood officials, who were given 30 days to respond to the Texas health commission’s Medicaid termination, said Monday that they are bypassing the commission’s appeals process in favor of filing their lawsuit. But attorneys did say that Planned Parenthood is complying with the inspector general’s requests for thousands of pages of billing and patient documents and subpoenas issued days after the termination letters.

One irony of all this is that one of the often-proffered reasons for not expanding Medicaid is that there aren’t enough doctors in the state who are willing to take new Medicaid patients. So of course kicking out a big Medicaid provider and forcing all its patients onto the mercies of the open market for doctors who will take them makes all kinds of sense.

I presume we all know how this is going to go: Planned Parenthood will win at the district court level, the ruling will be overturned on dubious grounds by a couple of the worse judges on the Fifth Circuit, and then we all get to sweat out another appeal to SCOTUS. Lather, rinse, repeat. In the meantime, this may speed up the timeline for the HHSC Inspector General to produce whatever report he’s going to produce on the claims that PP has been fraudulently billing Medicaid, the investigation of which was spurred by those latest ridiculous “sting” videos. Round and round she goes. Trail Blazers, the Statesman, the Chron, the AusChron, the Press, the Current, Daily Kos, and ThinkProgress have more.

Feds warn Texas about Planned Parenthood

We’ll see what happens.

Right there with them

Right there with them

The Obama administration has warned state officials that pushing Planned Parenthood out of the state’s Medicaid program could put Texas at odds with federal law.

Officials with the federal Centers for Medicare & Medicaid Services contacted the state Medicaid director on Tuesday to give notice that removing Planned Parenthood from the program “may be in conflict with federal law” because poor women who obtain family planning services through Medicaid would be limited from receiving health care from the qualified provider of their choice.

“Longstanding Medicaid law prohibits states from restricting individuals with Medicaid coverage from receiving their care from any qualified provider,” a U.S. Department of Health and Human Services representative said in a statement. “Every year, millions of women benefit from critical preventive services, such as cancer screenings, that Planned Parenthood provides. State efforts to restrict women from using qualified providers puts these important health care services at risk.”

The feds’ intervention comes a week after Texas health officials announced they were working to boot Planned Parenthood from Medicaid, the joint state-federal insurer of the very poor and disabled. This would cut off taxpayer dollars to Planned Parenthood clinics that provide well-woman care, like cancer screenings, birth control and pregnancy tests. Planned Parenthood clinics that accept Medicaid dollars are already barred from performing abortions.

A spokesman for the Texas Office of Inspector General, which is handling the Planned Parenthood investigation, said state officials on Tuesday “had a very productive call” with the feds about the Medicaid announcement.

“Some concerns were voiced, and the state was able to responsively address them,” said OIG spokesman Chris Cutrone.

See here and here for some background. Hard to know what to make of this. Stuart Bowen recently dropped hints about a whistleblower being the basis of the state’s actions, which could be something or could be more smoke. At the same time this was happening, US Health and Human Services Secretary Sylvia Burwell was taking a conciliatory tone about the state expanding Medicaid, which may have played into that “very productive call” or may be completely separate. I personally think the feds should continue to play on this, but I suppose someone has to be the good cop. Meanwhile, another state that has tried to follow the same path that Texas is taking lost in court, as a federal judge blocked efforts in Alabama to kick Planned Parenthood affiliates out of the state Medicaid program. Until the state puts its cards on the table, who can say what if any actual evidence they’ve got?

What you can say is this.

“Everyone is entitled to due process under the law. As a former judge, I recognize this is the first step in a lengthy process and will respect that process as it moves forward.”

—Gov. Greg Abbott

The quote is Abbott’s response to the criminal indictment accusing Attorney General Ken Paxton of having deceived investors, some of whom lost tens of thousands of dollars they risked because they trusted him. Abbott of all people should know about due process, having served as attorney general for 13 years in addition to having been a Texas Supreme Court justice.

But Abbott had no qualms about abandoning his ethical-lawyer respect for due process when it came to the current case the state has trumped up against Planned Parenthood. The state moved last week to end Planned Parenthood’s Medicaid funding based on the propagandic video snippets that have been making the rounds nationwide from anti-Planned Parenthood zealots purporting to show illegal deal-making for aborted fetal tissue.

Abbott declared Planned Parenthood guilty without benefit of an investigation, much less a trial. “The gruesome harvesting of baby body parts by Planned Parenthood will not be allowed in Texas and the barbaric practice must be brought to an end,” he said in a statement from his office issued under the headline “Texas eliminates taxpayer funding to Planned Parenthood providers.” See how the sentencing in this case appears to precede all else?

[…]

This foray against Planned Parenthood is a staged event to disrupt an organization whose Medicaid reimbursements primarily are for basic health services to low-income patients, including cancer screenings and testing for socially transmitted diseases. That is a wrong thing to interrupt just to make a political show of opposing abortion.

An objective review of the state’s actions and Abbott’s utterances against Planned Parenthood by a high-ranking law school would be interesting to see. We fear that Texas wouldn’t come off any better than the government of Iran. We wish that weren’t hyperbole.

Well, at some point we’ll get an objective review by a judge, and that will tell us a lot. The Chron and BOR have more.

State goes fishing against Planned Parenthood

Here we go.

Right there with them

Right there with them

Days after Texas health officials announced they want to kick Planned Parenthood out of the state Medicaid program, state investigators on Thursday visited Planned Parenthood facilities in San Antonio, Houston and Dallas.

Investigators with the Texas Health and Human Services Commission’s investigative arm delivered requests to Planned Parenthood facilities in all three cities asking for Medicaid records, billing information and personnel information, according to Planned Parenthood officials. A request delivered to a Dallas facility included request for files from clinics in Austin and Waco.

State health officials would not confirm details about investigators’ visits. A spokesman for the health commission’s Office of Inspector General said he could not “provide comment on any oversight or investigative activities.”

[…]

Planned Parenthood officials said in a statement that Thursday’s visits by state investigators were “political grandstanding” by the state’s Republican leadership, particularly Gov. Greg Abbott, who had previously called for cutting off all taxpayer dollars the organization received.

“Representatives from the Texas Office of Inspector General showed up at Planned Parenthood health centers in Houston, Dallas and San Antonio looking for an excuse to take health care away from thousands of women and men who rely on Planned Parenthood for preventive care,” said Yvonne Gutierrez, executive director of the organization’s state political arm Planned Parenthood Texas Votes. “But what they will see is professional, compassionate and quality health care. Despite their efforts to distort the truth, health care — no matter what — is what happens at Planned Parenthood.”

In a statement earlier this week praising the move to cut off the funding for Planned Parenthood, Abbott said, “Texas has stepped forward and shown its unyielding commitment to both protecting life and providing women’s health services.”

Among the documents investigators are requesting are Medicaid records dating back to 2010. At Planned Parenthood’s facility in Spring, Texas, which does not perform abortions, state investigators are requesting records related to specific services provided to Medicaid patients, employee information and appointment books, according to a letter obtained by the Texas Tribune.

See here for the background and here for a copy of the letters. I’m going to let Dave Mann, who goes through the details of the latest attack on Planned Parenthood point by point, sum this up:

4. Based on what we know, the state’s case seems a little thin.

This one comes with a major caveat: We don’t know exactly what evidence the state possesses. The letters reference “reliable information indicating a pattern of illegal billing practices by Planned Parenthood affiliates across the State.” And that may well be. If state officials have uncovered evidence of widespread Medicaid fraud at Planned Parenthood clinics, then Texas may well succeed in cutting the organizations out of the program—and deservedly so.

But the specifics offered by the state so far don’t exactly blow you away. In their letters to Planned Parenthood, Texas officials contend that the organization is “no longer capable of performing medical services in a professionally competent, safe, legal, and ethical manner.”

The allegations center on Planned Parenthood Gulf Coast (PPGC), based in Houston, just one of the major Planned Parenthood affiliates in the state. (There are no specific allegations in the letters against other groups, such as Planned Parenthood of Greater Texas, which serves D-FW, Austin and Waco, or Planned Parenthood South Texas. They’re apparently guilty by association.)

The state contends that PPGC has engaged in Medicaid fraud. These allegations largely stem from a 2009 whistleblower suit by a former clinic worker who accused PPGC of fraudulent billing. PPGC settled the case in 2013, though admitted no wrongdoing. The Texas Attorney General’s office—headed at the time by one Greg Abbott—announced that the case was closed.

So the state’s argument—at least as laid out in the letters of termination—is based on six-year-old allegations against one Planned Parenthood affiliate—a case the Texas AG’s office closed more than two years ago. That seems kind of thin.

Is that enough to convince federal health officials or a federal court that a major provider of health services to thousands of Texas women should be booted from Medicaid? State officials seemingly will have a tough time winning that argument— unless they’ve obtained some new, damning evidence of widespread fraud by Planned Parenthood. In other words, the fate of Planned Parenthood in Medicaid will be decided on the merits, not the politics.

So the question is, are they looking for corroboration of evidence they already have or reliably believe they will find, or is this an example of “we know there are weapons of mass destruction in there somewhere and we’ll find them if we just look hard enough”? I have a hard time believing it’s not the latter, but we’ll find out soon enough when the state is forced to put up or shut up. The Statesman, the Observer, Juanita, the Current, Wonkblog, and Trail Blazers have more.

Texas vs Planned Parenthood, part one million

This was going to happen sooner or later.

Right there with them

Right there with them

Texas health officials say they are kicking Planned Parenthood out of the state Medicaid program entirely over what they called “acts of misconduct” revealed in undercover videos filmed earlier this year.

Republican state leaders, who vehemently oppose abortion, have worked for years to curb taxpayer funding of Planned Parenthood — despite the fact that its clinics may not receive such funding if they perform the procedure.

Monday’s decision means even Planned Parenthood clinics that only provide well-woman care, like cancer screenings, pregnancy tests and birth control, will also be cut out of receiving dollars from Medicaid, the joint state-federal insurer of the poor.

The vast majority of Medicaid funding for Planned Parenthood clinics in Texas comes from the federal government. Texas spent just $310,000 from its own coffers on the women’s health organization in 2015, but it also dispersed $2.8 million in federal dollars to those clinics. A spokesman for the federal Centers for Medicare and Medicaid Services did not immediately respond to a request for comment.

[…]

On Monday, the Texas Health and Human Services Commission’s inspector general, Stuart Bowen, wrote to Planned Parenthood Gulf Coast that the women’s health provider had violated state Medicaid rules and put Texans at risk of infection. Citing the sting videos, Bowen said Planned Parenthood officials disregarded federal law by agreeing to change the timing or method of abortions in order to procure fetal tissue for medical research.

As a result, the state will no longer allow any Planned Parenthood clinics in Texas to receive Medicaid funding. Last year, Planned Parenthood clinics in Texas received $3.05 million in federal funds through Medicaid for family planning services like birth control and pregnancy tests.

Planned Parenthood Gulf Coast spokeswoman Rochelle Tafolla described the state’s efforts to block Medicaid patients from receiving care from any of the organization’s clinics as “politically motivated.” Planned Parenthood Gulf Coast does not currently participate in fetal tissue donation, the organization says, but did in 2010, in conjunction with a University of Texas Medical Branch study on miscarriage.

“Tens of thousands of women are already going without care after years of policies aimed at blocking access to care at Planned Parenthood,” Tafolla said. “Now Texas politicians are using a thoroughly discredited, bogus attack against Planned Parenthood as a shameful excuse to attack Texas women’s health yet again.”

This has been the end goal for Texas Republicans for several years now, so like I said, no surprise, and one excuse is as good as another. I would point out that multiple states have investigated these videos and found nothing – Texas, as well as Harris County, is doing its own investigation, and one presumes they have nothing worthwhile to show for it as yet. As such, this may be their consolation prize, since coming away empty-handed was not an option. What comes next is almost certainly a lawsuit, since Texas doesn’t exactly have the authority to do this. If they could have, they would have done this much earlier than this. In the meantime, still more women will lose their access to healthcare. That’s the reality we unfortunately live in, and much as I hate to say it, nothing will change until our state leadership does. BOR, Newsdesk, and the Observer have more.