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Two federal judges have temporarily barred the Trump administration from making changes to the Title X program that would restrict funding from clinics that provide abortion counseling or that refer patients for abortion services.

Set of scales with American flag in the background
jsmith/iStockphoto

U.S. District Judge Stanley Bastian for the District of Eastern Washington on April 25 approved a temporary nationwide ban against the program changes in response to legal a challenge by Washington state. The same day, U.S. District Judge for the District of Oregon Michael J. McShane also preliminarily barred the restrictions from taking effect in response to a legal challenge by the American Medical Association and the Planned Parenthood Federation of America.

Judge McShane called the program restrictions “arbitrary and capricious,” and wrote that the rules ignore comprehensive, ethical, and evidence-based health care, and impermissibly interfere with the patient-doctor relationship. Judge Bastian agreed, writing in his order that the plaintiffs have demonstrated that the restrictions violate the central purpose of Title X, which is to equalize access to comprehensive, evidence-based, and voluntary family planning.

“Plaintiffs have demonstrated they are likely to suffer irreparable harm in the absence of a preliminary injunction by presenting facts and argument that the final rule may or likely will: seriously disrupt or destroy the existing network of Title X providers in both the State of Washington and throughout the entire nation,” Judge Bastian wrote in his order.

Changes to the Title X program – scheduled to take effect May 3 – would have made health clinics ineligible for Title X funding if they offer, promote, or support abortion as a method of family planning. Title X grants generally go to health centers that provide reproductive health care – such as STD-testing, cancer screenings, and contraception – to low-income families. Under the rule, the government would withdraw financial assistance to clinics if they allow counseling or referrals associated with abortion, regardless of whether the money is used for other health care services.

HHS officials said that the final rule will provide for clear financial and physical separation between Title X and non–Title X activities, reduce confusion on the part of Title X clinics and the public about permissible Title X activities, and improve program transparency by requiring more complete reporting by grantees about their partnerships with referral agencies.

 

 


Washington state and the National Family Planning & Reproductive Health Association sued the U.S. Department of Health & Human Services in early March to block the agency from enforcing the modifications. A separate lawsuit was filed by the American Medical Association and the Planned Parenthood Federation of America to stop the funding changes, and 22 states issued a third legal challenge. The Title X changes impose a “government gag rule” on what information physicians can provide to their patients, according to the plaintiffs.

The American College of Physicians (ACP) and other groups, including the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists, and the American Academy of Pediatrics have voiced their opposition to the Title X restrictions. In a joint court brief, the medical societies wrote that the Trump administration’s limitations to the Title X program will create cultural, geographic, and financial barriers to care; erode the physician-patient relationship; and cause extreme, immediate, and irreparable harm to millions of patients.

Washington Attorney General Bob Ferguson said the nationwide ban ensures that clinics across the nation can remain open and continue to provide quality, unbiased health care to women

“Trump’s ‘gag rule’ would have jeopardized health care access to women across the country,” he said in a statement. “Title X clinics, such as Planned Parenthood, provide essential services – now they can keep serving women while we continue to fight to keep the federal government out of the exam room.”

AMA President Barbara L. McAneny, MD, praised Judge McShane’s order. “The new rule would have placed obstacles to health care for low-income patients,” Dr. McAneny said in a statement. “We are pleased the judge shared the AMA’s concern about the physician-patient relationship that the rule would have jeopardized.”

The Trump administration had not said at press time whether it would appeal the order.

Antiabortion organizations, such as the Susan B. Anthony List, have expressed strong support of the Title X funding restrictions.

“The rule advances President Trump’s promise to stop taxpayer funding of abortion businesses like Planned Parenthood,” SBA List President Marjorie Dannenfelser said in a statement. “The Protect Life Rule does not cut family planning funding by a single dime, and instead directs tax dollars to entities that provide health care to women but do not perform abortions.”

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Two federal judges have temporarily barred the Trump administration from making changes to the Title X program that would restrict funding from clinics that provide abortion counseling or that refer patients for abortion services.

Set of scales with American flag in the background
jsmith/iStockphoto

U.S. District Judge Stanley Bastian for the District of Eastern Washington on April 25 approved a temporary nationwide ban against the program changes in response to legal a challenge by Washington state. The same day, U.S. District Judge for the District of Oregon Michael J. McShane also preliminarily barred the restrictions from taking effect in response to a legal challenge by the American Medical Association and the Planned Parenthood Federation of America.

Judge McShane called the program restrictions “arbitrary and capricious,” and wrote that the rules ignore comprehensive, ethical, and evidence-based health care, and impermissibly interfere with the patient-doctor relationship. Judge Bastian agreed, writing in his order that the plaintiffs have demonstrated that the restrictions violate the central purpose of Title X, which is to equalize access to comprehensive, evidence-based, and voluntary family planning.

“Plaintiffs have demonstrated they are likely to suffer irreparable harm in the absence of a preliminary injunction by presenting facts and argument that the final rule may or likely will: seriously disrupt or destroy the existing network of Title X providers in both the State of Washington and throughout the entire nation,” Judge Bastian wrote in his order.

Changes to the Title X program – scheduled to take effect May 3 – would have made health clinics ineligible for Title X funding if they offer, promote, or support abortion as a method of family planning. Title X grants generally go to health centers that provide reproductive health care – such as STD-testing, cancer screenings, and contraception – to low-income families. Under the rule, the government would withdraw financial assistance to clinics if they allow counseling or referrals associated with abortion, regardless of whether the money is used for other health care services.

HHS officials said that the final rule will provide for clear financial and physical separation between Title X and non–Title X activities, reduce confusion on the part of Title X clinics and the public about permissible Title X activities, and improve program transparency by requiring more complete reporting by grantees about their partnerships with referral agencies.

 

 


Washington state and the National Family Planning & Reproductive Health Association sued the U.S. Department of Health & Human Services in early March to block the agency from enforcing the modifications. A separate lawsuit was filed by the American Medical Association and the Planned Parenthood Federation of America to stop the funding changes, and 22 states issued a third legal challenge. The Title X changes impose a “government gag rule” on what information physicians can provide to their patients, according to the plaintiffs.

The American College of Physicians (ACP) and other groups, including the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists, and the American Academy of Pediatrics have voiced their opposition to the Title X restrictions. In a joint court brief, the medical societies wrote that the Trump administration’s limitations to the Title X program will create cultural, geographic, and financial barriers to care; erode the physician-patient relationship; and cause extreme, immediate, and irreparable harm to millions of patients.

Washington Attorney General Bob Ferguson said the nationwide ban ensures that clinics across the nation can remain open and continue to provide quality, unbiased health care to women

“Trump’s ‘gag rule’ would have jeopardized health care access to women across the country,” he said in a statement. “Title X clinics, such as Planned Parenthood, provide essential services – now they can keep serving women while we continue to fight to keep the federal government out of the exam room.”

AMA President Barbara L. McAneny, MD, praised Judge McShane’s order. “The new rule would have placed obstacles to health care for low-income patients,” Dr. McAneny said in a statement. “We are pleased the judge shared the AMA’s concern about the physician-patient relationship that the rule would have jeopardized.”

The Trump administration had not said at press time whether it would appeal the order.

Antiabortion organizations, such as the Susan B. Anthony List, have expressed strong support of the Title X funding restrictions.

“The rule advances President Trump’s promise to stop taxpayer funding of abortion businesses like Planned Parenthood,” SBA List President Marjorie Dannenfelser said in a statement. “The Protect Life Rule does not cut family planning funding by a single dime, and instead directs tax dollars to entities that provide health care to women but do not perform abortions.”

agallegos@mdedge.com

 

Two federal judges have temporarily barred the Trump administration from making changes to the Title X program that would restrict funding from clinics that provide abortion counseling or that refer patients for abortion services.

Set of scales with American flag in the background
jsmith/iStockphoto

U.S. District Judge Stanley Bastian for the District of Eastern Washington on April 25 approved a temporary nationwide ban against the program changes in response to legal a challenge by Washington state. The same day, U.S. District Judge for the District of Oregon Michael J. McShane also preliminarily barred the restrictions from taking effect in response to a legal challenge by the American Medical Association and the Planned Parenthood Federation of America.

Judge McShane called the program restrictions “arbitrary and capricious,” and wrote that the rules ignore comprehensive, ethical, and evidence-based health care, and impermissibly interfere with the patient-doctor relationship. Judge Bastian agreed, writing in his order that the plaintiffs have demonstrated that the restrictions violate the central purpose of Title X, which is to equalize access to comprehensive, evidence-based, and voluntary family planning.

“Plaintiffs have demonstrated they are likely to suffer irreparable harm in the absence of a preliminary injunction by presenting facts and argument that the final rule may or likely will: seriously disrupt or destroy the existing network of Title X providers in both the State of Washington and throughout the entire nation,” Judge Bastian wrote in his order.

Changes to the Title X program – scheduled to take effect May 3 – would have made health clinics ineligible for Title X funding if they offer, promote, or support abortion as a method of family planning. Title X grants generally go to health centers that provide reproductive health care – such as STD-testing, cancer screenings, and contraception – to low-income families. Under the rule, the government would withdraw financial assistance to clinics if they allow counseling or referrals associated with abortion, regardless of whether the money is used for other health care services.

HHS officials said that the final rule will provide for clear financial and physical separation between Title X and non–Title X activities, reduce confusion on the part of Title X clinics and the public about permissible Title X activities, and improve program transparency by requiring more complete reporting by grantees about their partnerships with referral agencies.

 

 


Washington state and the National Family Planning & Reproductive Health Association sued the U.S. Department of Health & Human Services in early March to block the agency from enforcing the modifications. A separate lawsuit was filed by the American Medical Association and the Planned Parenthood Federation of America to stop the funding changes, and 22 states issued a third legal challenge. The Title X changes impose a “government gag rule” on what information physicians can provide to their patients, according to the plaintiffs.

The American College of Physicians (ACP) and other groups, including the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists, and the American Academy of Pediatrics have voiced their opposition to the Title X restrictions. In a joint court brief, the medical societies wrote that the Trump administration’s limitations to the Title X program will create cultural, geographic, and financial barriers to care; erode the physician-patient relationship; and cause extreme, immediate, and irreparable harm to millions of patients.

Washington Attorney General Bob Ferguson said the nationwide ban ensures that clinics across the nation can remain open and continue to provide quality, unbiased health care to women

“Trump’s ‘gag rule’ would have jeopardized health care access to women across the country,” he said in a statement. “Title X clinics, such as Planned Parenthood, provide essential services – now they can keep serving women while we continue to fight to keep the federal government out of the exam room.”

AMA President Barbara L. McAneny, MD, praised Judge McShane’s order. “The new rule would have placed obstacles to health care for low-income patients,” Dr. McAneny said in a statement. “We are pleased the judge shared the AMA’s concern about the physician-patient relationship that the rule would have jeopardized.”

The Trump administration had not said at press time whether it would appeal the order.

Antiabortion organizations, such as the Susan B. Anthony List, have expressed strong support of the Title X funding restrictions.

“The rule advances President Trump’s promise to stop taxpayer funding of abortion businesses like Planned Parenthood,” SBA List President Marjorie Dannenfelser said in a statement. “The Protect Life Rule does not cut family planning funding by a single dime, and instead directs tax dollars to entities that provide health care to women but do not perform abortions.”

agallegos@mdedge.com
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