AUSTIN, Texas (AP) — Texas desires Planned Parenthood to offer again thousands and thousands of {dollars} in Medicaid reimbursements — and pay way more in fines on high of that — in a lawsuit that seems to be the primary of its form introduced by a state in opposition to the biggest abortion supplier within the U.S.
A listening to was set for Tuesday in entrance of U.S. District Judge Matthew Kacsmaryk, who earlier this 12 months put entry to the most typical methodology of abortion within the U.S. in limbo with a ruling that invalidated approval of the abortion tablet mifepristone.
The case now earlier than him in America’s greatest purple state doesn’t encompass abortion, which has been banned in Texas for the reason that U.S. Supreme Court overturned Roe v. Wade final 12 months. But Planned Parenthood argues the try and recoup at the least $17 million in Medicaid funds for well being providers, together with most cancers screenings, is a brand new effort to weaken the group after years of Republican-led legal guidelines that stripped funding and imposed restrictions on how its clinics function.
At challenge is cash Planned Parenthood obtained for well being providers earlier than Texas eliminated the group from the state’s Medicaid program in 2021. Texas had begun making an attempt to oust Planned Parenthood 4 years earlier and is in search of compensation for providers billed throughout that point.
“This baseless case is an active effort to shut down Planned Parenthood health centers,” stated Alexis McGill Johnson, president of Planned Parenthood Federation of America.
Texas introduced the lawsuit beneath the federal False Claims Act, which permits fines for each alleged improper fee. Planned Parenthood says that would end in a judgment in extra of $1 billion.
It will not be clear when Kacsmaryk will rule.
The lawsuit was introduced final 12 months by Republican Texas Attorney General Ken Paxton, who’s now quickly suspended from workplace pending the end result of his impeachment trial subsequent month over accusations of bribery and abuse of workplace.
Spokespersons for the workplace didn’t return a message in search of remark Monday. Last 12 months, Paxton stated it was “unthinkable that Planned Parenthood would continue to take advantage of funding knowing they were not entitled to keep it.”
Jacob Elberg, a former federal prosecutor who specialised in well being care fraud, described Texas’ argument as weak.
He known as the False Claims Act the federal government’s strongest instrument in opposition to well being fraud. Cases involving the regulation in recent times have included a well being data firm in Florida and a Montana well being clinic that submitted false asbestos claims.
Elberg stated it’s “hard to understand” how Planned Parenthood was knowingly submitting false claims at a time when it was in courtroom preventing to remain in this system and Texas was nonetheless paying the reimbursements.
“This just isn’t what the False Claims Act is supposed to be about,” stated Elberg, school director at Seton Hall Law School’s Center for Health & Pharmaceutical Law.
Planned Parenthood has roughly three dozen well being clinics in Texas. One has closed for the reason that Supreme Court ruling final 12 months that allowed Texas to ban abortion.
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