Healthcare, abortion providers warn: New Montana abortion rules will be challenged in court
The letter cites a number of high-profile cases that have established the right to an abortion in Montana, referencing the landmark 1999 decision, Armstrong vs. State, which said the state’s constitutional right to privacy included the right to be free of government interference in medical decisions.
Two other cases in Montana courts have also enjoined some of the action that DPHHS is proposing, including treating nurse practitioners or physicians assistants differently than medical doctors, saying they would not be reimbursed for Medicaid-supported abortions – a topic that the Montana Supreme Court has ruled on twice. It has previously said that the state has no legal reason from prohibiting licensed, qualified mid-level practitioners to perform abortions.
The letter expresses concern that new Medicaid abortion rules instituted by DPHHS would take place immediately, rather than pausing to prepare for their implementation – a more common occurrence.
“If the proposed rules take effect, they will have an immediate, grave, and irreparable impact on the health of patients in Montana seeking abortion care and their constitutional rights,” the letter said.
The letter warns that “should the rules become effective as proposed, Planned Parenthood of Montana and other providers intend to seek declaratory and injunctive relief against the new laws.”
Instead, the letter asks the department to delay the effective date to 90 days, or agree to pause the rules to give a court time to rule on the legality and constitutionality of the rules.
“Should the department refuse to provide information regarding the planned publication date of its adoption notice or consider these proposals, Planned Parenthood of Montana and other providers will need to seek immediate injunctive relief to protect their patients, causing the department to expend further time and expense,” the letter said.