By CHRIS TOMLINSON
Associated Press
AUSTIN, Texas
(AP) -- Texas can cut off funding to Planned Parenthood's family
planning programs for poor women, a state judge ruled Monday.
Judge
Gary Harger said that Texas may exclude otherwise qualified doctors and
clinics from receiving state funding if they advocate for abortion
rights, attorney general spokeswoman Lauren Bean said.
The
state has long banned the use of state funds for abortion, but had
continued to reimburse Planned Parenthood clinics for providing basic
health care to poor women through the state's Women's Health Program.
The program provides check-ups and birth control to 110,000 poor women a
year, and Planned Parenthood clinics were treating 48,000 of them.
Planned
Parenthood's lawsuit to stop the rule will still go forward, but the
judge decided Monday that the ban may go into effect for now. In seeking
a temporary restraining order, Planned Parenthood's patients could have
continued to see their current doctors until a final decision was made.
"We
are pleased the court rejected Planned Parenthood's latest attempt to
skirt state law," Bean said. "The Texas Attorney General's office will
continue to defend the Texas Legislature's decision to prohibit abortion
providers and their affiliates from receiving taxpayer dollars through
the Women's Health Program."
Ken Lambrecht,
president and CEO of Planned Parenthood of Greater Texas, said he
brought the lawsuit on behalf of poor women who depend on its clinics.
"It
is shocking that once again Texas officials are letting politics
jeopardize health care access for women," Lambrecht said. "Our doors
remain open today and always to Texas women in need. We only wish Texas
politicians shared this commitment to Texas women, their health, and
their well-being."
Planned Parenthood has
brought three lawsuits over Texas' so-called "affiliate rule," arguing
it violates the constitutional rights of doctors and patients while also
contradicting existing state law.
The Texas
Health and Human Services Commission has spent the last nine months
preparing to implement the affiliate rule. But federal officials warned
it violated the Social Security Act and cut off federal funds for the
Women's Health Program, prompting the commission to start a new program
using only state money.
State officials have
also scrambled to sign up new doctors and clinics to replace Planned
Parenthood. Women who previously went to Planned Parenthood clinics will
now have to use the agency's web site to find a new state-approved
doctor.
On Friday, HHSC officials acknowledged
they are unsure whether the new doctors can pick up Planned
Parenthood's caseload in all parts of the state.
Linda
Edwards Gockel, a spokesman for the Texas Health and Human Services
Commission, said Monday that the new state program will launch as
planned on Tuesday.
"We have more than 3,500
doctors, clinics and other providers in the program and will be able to
continue to provide women with family planning services while fully
complying with state law," she said. "We welcome Planned Parenthood's
help in referring patients to providers in the new program."
Democratic lawmakers continued to question whether women will have to wait longer for appointments and services.
"I
vehemently disagree with the state's efforts to blacklist a qualified
provider and, thereby, interfere with a woman's right to choose her own
provider," said state Rep. Donna Howard, D-Austin. "I will be submitting
a letter to the Texas Health and Human Services Commission, requesting a
list of approved providers to gauge the outreach of the new program,
and ensure that all qualified women throughout the state have access to
its services."
Another hearing is scheduled
with a different judge for Jan. 11, where Planned Parenthood will again
ask for an injunction to receive state funding.
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