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  • Title: Abortion and Medicaid: courts reject limits on funding medically necessary procedures.
    Author: Kalivoda P.
    Journal: Fam Plann Popul Rep; 1979 Dec; 8(6):80-4. PubMed ID: 12278416.
    Abstract:
    This article discusses the legislative and judicial background of issues involving the constitutionality of state and federal restrictions on funding of medically necessary abortions prior to fetal viability. These issues will be decided by the Supreme Court as the culmination of a controversy that began prior to the Court's landmark abortion decisions in 1973. Specific laws and decisions discussed include: 1) the Supreme Court's 1977 decision that neither federal law nor the Constitution require states to pay Medicaid benefits for nontherapeutic abortion, or prohibits a state from adopting a policy favoring normal childbirth over abortion and using its public funds to further that policy; 2) the Hyde amendment for fiscal years 1977 through 1980; 3) recent litigation involving the states funding obligation for medically necessary abortions under the federal Medicaid statute and/or the Constitution and in light of the Hyde amendment. The article concludes that "the preponderance of lower courts believe that under the federal Medicaid statute and/or the Constitution, states must fund such abortions regardless of limitations on federal funding," but that lower court opinions cannot be taken as an indication of what the Court will ultimately decide.
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