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  • Title: State Medicaid abortion policies continue to be challenged; courts reach varying conclusions.
    Journal: Fam Plann Popul Rep; 1979 Aug; 8(4):42-4. PubMed ID: 12309465.
    Abstract:
    There is no consensus by the courts on what states may or may not legally do with regard to Medicaid funding of abortion. In Georgia a federal judge ruled that the state may not limit coverage of Medicaid abortions to those reimbursable by the federal government under the Hyde Amendment. In California funding of Medi-Cal abortions is permitted only if the woman's life is endangered; pregnancy is ectopic; the woman was raped; a minor under age 16; a victim of incest; the fetus is abnormal; or woman will suffer physical health damage. In Michigan Government William G. Milliken vetoed an appropriation of $1 for therapeutic abortion attached to a bill for hospital, physicians, and pharmacological services. Circuit Judge Jack W. Warren held that the governor did not have the authority to veto just one portion of the appropriation but must veto the entire bill. A New Jersey superior court judge has held unconstitutional proposed state guidelines which restricted Medicaid funding of abortions to those situations covered by the Hyde Amendment. A Hawaii circuit court has ruled that the state Department of Social Services and Housing has the authority to use state funds to pay for elective abortions for Medicaid recipients.
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