The Center for Reproductive Rights and the ACLU-MT represent All Families Healthcare and Blue Mountain Clinic in a challenge against proposed Administrative Rule 37.82.102 and 37.86.104, as well as House Bills 544 and 862. These Statutes and Rules severely restrict reimbursement for Medicaid eligible individuals seeking abortion care, effectively creating an abortion ban for some of the most vulnerable Montanans. These statutes and rules violate Montana’s constitutional right to privacy – in a long line of cases the Montana Supreme Court has held that the State may not infringe upon the right to an abortion from a qualified health care provider absent a medically acknowledged bona fide health risk. On May 23, 2023, a State District Court issued a preliminary injunction preventing enforcement of the Medicaid restrictions pending the outcome of the lawsuit. That ruling has now been appealed to the Montana Supreme Court.
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