Texas wants Planned Parenthood to repay millions of dollars

AUSTIN, Texas — Texas needs Deliberate Parenthood to provide again tens of millions 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 variety introduced by a state towards the biggest abortion supplier within the U.S.

A listening to was set for Tuesday in entrance of U.S. District Decide Matthew Kacsmaryk, who earlier this yr put entry to the most typical methodology of abortion within the U.S. in limbo with a ruling that invalidated approval of the abortion capsule mifepristone.

The case now earlier than him in America’s greatest crimson state doesn’t encompass abortion, which has been banned in Texas for the reason that U.S. Supreme Courtroom overturned Roe v. Wade final yr. However Deliberate Parenthood argues the try to recoup not less than $17 million in Medicaid funds for well being companies, 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 difficulty is cash Deliberate Parenthood acquired for well being companies earlier than Texas eliminated the group from the state’s Medicaid program in 2021. Texas had begun making an attempt to oust Deliberate Parenthood 4 years earlier and is looking for reimbursement for companies billed throughout that point.

“This baseless case is an energetic effort to close down Deliberate Parenthood well being facilities,” mentioned Alexis McGill Johnson, president of Deliberate Parenthood Federation of America.

Texas introduced the lawsuit below the federal False Claims Act, which permits fines for each alleged improper fee. Deliberate Parenthood says that might end in a judgement in extra of $1 billion.

It isn’t clear when Kacsmaryk will rule.

The lawsuit was introduced final yr by Republican Texas Lawyer Normal Ken Paxton, who’s now briefly 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 looking for remark Monday. Final yr, Paxton mentioned it was “unthinkable that Deliberate Parenthood would proceed to benefit from funding understanding they weren’t entitled to maintain it.”

Jacob Elberg, a former federal prosecutor who specialised in health care fraud, described Texas’ argument as weak.

He known as the False Claims Act the federal government’s strongest device towards well being fraud. Circumstances 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 mentioned it’s “exhausting to know” how Deliberate Parenthood was knowingly submitting false claims at a time when it was in courtroom combating to remain in this system and Texas was nonetheless paying the reimbursements.

“This simply isn’t what the False Claims Act is meant to be about,” mentioned Elberg, school director at Seton Corridor Legislation College’s Middle for Well being & Pharmaceutical Legislation.

Deliberate Parenthood has roughly three dozen well being clinics in Texas. One has closed for the reason that Supreme Courtroom ruling final yr that allowed Texas to ban abortion.