297 (1980).Īny state that participates in the Medicaid program must cover those abortions for which federal funds are available. The court held that the Hyde Amendment did not violate either the Due Process or the Equal Protection Clauses of the Fourteenth Amendment. In 1980, the Supreme Court was faced with a challenge to the constitutionality of the Hyde Amendment, i.e., whether Congress could prohibit the use of federal Medicaid funds to reimburse states for medically necessary abortions. Wade did not include an entitlement to Medicaid payments that were not medically necessary. In 1977, the Supreme Court held that the constitutional right to abortion reco gnized in Roe v. Although the provisions of the Hyde Amendment have varied from time to time, this is the language of the prohibition and exception in effect today. Hyde, that prohibits the federal government from reimbursing states under the Medicaid program for abortions except where a woman would be placed "in danger of death unless an abortion is performed" or where "the pregnancy is the result of an act of rape or incest." Pub. In 1976, Congress first adopted legislation, referred to as the "Hyde Amendment" for its author, Representative Henry J. In 1973, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment protected, to a certain extent, the freedom of a woman to terminate a pregnancy. States are not required to participate in the Medicaid program but states that choose to participate must conform their Medicaid program to federal Medicaid law. Under the Medicaid program, the federal government reimburses participating states for the health care services provided pursuant to the state's medical assistance or Medicaid plan. In 1965, Congress established the Medicaid program, a joint federal-state program that pays for some health care costs of low-income people, by amending Title XIX of the Social Security Act, 42 U.S.C. Justices Boehm and Rucker join in this part of this opinion. However, for the reasons set forth in this opinion in part II under "Discussion," I also conclude that, so long as the Indiana Medicaid program pays for abortions to preserve the lives of pregnant women and where rape or incest cause pregnancy, it must also pay for abortions in cases of pregnancies that create for pregnant women serious risk of substantial and irreversible impairment of a major bodily function. Chief Justice Shepard and Justice Dickson join in this part of this opinion. The plaintiffs in this case argue, and the trial court held, that Medicaid must pay for any abortion that is medically necessary, citing the Indiana Constitution's requirement that privileges or immunities cannot be granted to a citizen or class of citizens that do not equally belong to all citizens on the same terms.įor the reasons set forth in this opinion in part I under "Discussion," I believe that this provision of the Indiana Constitution does not require Medicaid to pay for all abortions that are medically necessary. Indiana's Medicaid program will pay for a poor woman to have an abortion but only if necessary to preserve her life or if rape or incest caused her pregnancy. The Honorable Susan Macey Thompson, Judge Northbrook, Illinois Indianapolis, IndianaĪppeal from the Marion Superior Court, No. Paul Benjamin Linton Jacquelyn Bowie Suess Members of the Indiana Legislature Indiana Civil Liberties Union, Inc. Office of Attorney General Bridgitte AmiriĪttorneys For Amici Curiae Attorneys For Amicus Curiae Attorneys for Appellant Attorneys for AppelleeĪttorney General of Indiana Indianapolis, Indiana
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