Carson City, NV — Attorney General Aaron D. Ford has announced his participation in a coalition of 17 attorneys general who have filed an amicus brief with the U.S. Supreme Court. The brief urges the court to uphold a lower court’s decision that recognizes Medicaid recipients’ right to choose their healthcare providers, including Planned Parenthood.
“Medicaid recipients deserve the freedom to choose the health care provider that best serves their needs and to be free from government overreach into their private medical choices,” said AG Ford. He emphasized that approximately 791,000 Nevadans are enrolled in Medicaid and should have autonomy over their medical decisions.
The case stems from a 2018 executive order by South Carolina Governor Henry McMaster, which directed the state’s Department of Health and Human Services to exclude organizations providing abortion services, such as Planned Parenthood, from its Medicaid provider list. A federal district court ruled this exclusion unlawful after being challenged by a South Carolina Medicaid recipient. In March 2024, the U.S. Court of Appeals for the Fourth Circuit upheld this ruling, affirming that the Medicaid Act allows patients to select qualified healthcare providers despite state actions.
The coalition’s brief argues that Medicaid must allow access to diverse medical providers for it to function effectively. It highlights Planned Parenthood’s role in offering essential services like birth control and STI screenings alongside abortion care, particularly benefiting historically underinsured populations.
The brief contends that while states can implement Medicaid programs with some discretion, safeguards like the free choice of provider provision exist to prevent states from limiting recipients’ access to healthcare providers. This provision ensures individual patients retain control over choosing their healthcare providers rather than state governments.
Led by Massachusetts Attorney General Andrea Joy Campbell, other attorneys general joining AG Ford include those from California, Colorado, Delaware, District of Columbia, Hawaii, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island and Washington.
