Medicaid's Free-Choice-of-Provider Protections in a Family Planning Context: Planned Parenthood Federation of Indiana V. Commissioner of the Indiana State Department of Health

Indiana Code §5-22-17-5.5 (2011) [cited 2011 Sep 12]. Available from: URL: http://www.in.gov/legislative/bills/2011/HE/HE1210.1.html.

Planned Parenthood of Indiana v. Commissioner of the Indiana State Department of Health, No. 1:11-cv-630-TWP-TAB (S.D. Ind. May 10, 2011).

Planned Parenthood of Ind. v. Comm'r of the Ind. State Dep't of Health, No. 1:11-cv-630-TWP-TAB (S.D. Ind. June 24, 2011) (order granting preliminary injunction).

See, e.g., Omnibus Appropriations Act, Pub. L. No. 111–8, 123 Stat. 524, 802–803 (Mar. 11, 2009).

Department of Health and Human Services (US), Centers for Medicare & Medicaid Services. Letter from Donald Berwick, Administrator, to Patricia Casanova, Director of the Indiana Office of Medicaid Policy and Planning (June 1, 2011). [Letter on file with author.] Also available from: URL: http://www.theindychannel.com/download/2011/0601/28101509.pdf [cited 2011 Sep 12].

42 U.S.C. §1396a(a)(23).

Stevens R Stevens R. Welfare medicine in America: A case study of Medicaid. New York: Free Press; 1974. p. 34, 51.

Department of Health, Education, and Welfare (US). Handbook of public assistance administration: Supplement D, at D-1100. Washington: Department of Health, Education, and Welfare; 1967.

H.R. Rep. No. 89–682, at 17 (1965) (Conf. Rep.), reprinted in 1965 U.S.C.C.A.N. 2228, at 2246. (“Amendment No. 267: This amendment provided that an individual entitled to medical assistance under an approved State plan (under the new title XIX) might obtain such assistance from any institution, agency, or person qualified to perform the service or services required. The House bill contained no comparable provision. The Senate recedes.”).

See 111 Cong. Rec. 505 (Jan. 11, 1965) (Statement of Rep. Pelley) and 111 Cong. Rec. 16085 (Jul. 9, 1965) (Statement of Sen. Cooper).

Social Security Amendments of 1967, Pub. L. No. 90–248, §227, 81 Stat. 821, 903–04 (codified as amended at 42 U.S.C. §1396a(a)(23) (2010)).

President's Proposals for Revision in the Social Security System, Hearing on H.R. 5710 before the H. Comm. on Ways and Means, Part 4 (April 6 and April 11, 1967), at 2273 (Letter from Association de Hospitales de Puerto Rico with attached San Juan Star article, “‘Free Choice’ in Medicaid Plan Sought”). President's Proposals for Revision in the Social Security System, Hearing on H.R. 5710 before the H. Comm. on Ways and Means, Part 4 (April 6 and April 11, 1967), at 2301 (Letter from the Massachusetts Medical Society noting that free choice provision was “particularly needed in Massachusetts where, because of a Department of Public Welfare regulation, private physicians rendering care to Medicaid beneficiaries in 19 so-called ‘teaching hospitals' will not be reimbursed for services actually rendered to such patients.”).

Social Security Amendments of 1965, Pub. L. No. 89–97, §1802, 79 Stat. 286, 291 (1965).

President's Proposals for Revision in the Social Security System, Hearing on H.R. 5710 before the H. Comm. on Ways and Means, Part 2 (Mar. 6, 1967), at 541 (Statement of Carl Ackerman, National Association of Blue Shield Plans).

Hearing on H.R. 12080 before the S. Comm. on Finance, Part 1 (Aug. 22, 1967), at 214 (Statement of John Gardner, Secretary of Health, Education, and Welfare).

S. Rep. 90–744, at 159 (1967), reprinted in 1967 U.S.C.C.A.N. 2834, at 3051.

42 U.S.C. §1396a(a)(23)(A).

SSA §1902(a)(23)(B) (codified at 42 U.S.C. 1396a).

The Patient Protection and Affordable Care Act (ACA), Pub. L. No. 111–148 (2009), as amended by the Health Care and Education Affordability Reconciliation Act (HCEARA), Pub. L. No. 111–152 (2010).

Department of Health and Human Services (US), Centers for Medicare & Medicaid Services. Letter to state health officials re: Family planning services option and new benefit rules for benchmark plans (SMDL#10–013). July 2, 2010 [cited 2011 Sep 12]. Available from: URL: http://www.cms.gov/smdl/downloads/SMD10013.pdf.

42 U.S.C. §1396u-2.

42 U.S.C. §1396n.

Deficit Reduction Act of 2005, Pub. L. No. 109–171, §1937, 120 Stat. 4, 88 (2006) (codified as amended at 42 U.S.C. §1396u-7 (2010)).

Letter from Sen. Orrin Hatch and other Republican Senators to Donald Berwick, CMS Administrator (June 9, 2011) [cited 2011 Sep 12]. Available from: URL: http://finance.senate.gov/newsroom/ranking/download/?id=b15da3a0-d272–405f-8d8d-bce90c24b94f.

42 U.S.C. 1396a(p).

Planned Parenthood of Ind. v. Comm'r of the Ind. State Dep't of Health, No. 1:11-cv-630-TWP-TAB (S.D. Ind. June 24, 2011) (Defendants' Supplemental Brief in Opposition to Motion for Preliminary Injunction); Letter from Hatch et al., supra note 27.

First Med. Health Plan, Inc. v. Vega-Ramos, 479 F.3d 46, 53 (1st Cir. 2007).

Omnibus Budget Reconciliation Act of 1981, Pub. L. No. 97–35, §2175, 95 Stat. 357, 810–11 (codified as amended at 42 U.S.C. §1396n (2006)).

Department of Health and Human Services (US), Centers for Medicare & Medicaid Services. State Medicaid manual, §2100. Washington: CMS; 2005 (last modified).

Planned Parenthood of Ind. v. Comm'r of the Ind. State Dep't of Health, No. 1:11-cv-630-TWP-TAB (S.D. Ind. June 24, 2011) (Statement of Interest of the United States, p. 9–10).

Indiana Legislative Services Agency, Fiscal Impact Statement of HB 1210 (April 19, 2011) [cited 2011 Sep 12]. Available from: URL: http://www.in.gov/legislative/bills/2011/PDF/FISCAL/HB1210.006.pdf.

S. Rep. No. 100–109, at 3 (1987), reprinted in 1987 U.S.C.C.A.N 682, at 684.