US Supreme Court sets date to hear SC case over non-abortion Planned Parenthood services

The U.S. Supreme Court will hear arguments in April over whether the state can refuse to let South Carolinians use their Medicaid coverage for non-abortion health care services offered at Planned Parenthood clinics, according to a Monday docket entry.

The nation’s highest court chose April 2 to hear the case that justices agreed to take up in December. The scheduling update comes two days before the state Supreme Court hears a separate case questioning whether the state’s 2023 law banning most abortions should begin at six weeks or nine.

The federal case, which began with a 2018 executive order from Gov. Henry McMaster, does not deal with abortion directly. Instead, it questions whether Medicaid patients have the right to choose which medical provider they visit, as long as that provider has agreed to be part of the program.

US high court to decide if SC can take Planned Parenthood off Medicaid list for non-abortion care

Planned Parenthood, which sued along with one of its patients, contends patients should have the right to use its clinics in Columbia and Charleston for Medicaid-covered “family planning” services. Those include breast and cervical cancer screenings, birth control, and testing and treatment for sexually transmitted infections. State law does not allow Medicaid to pay for abortions.

Of the $35 million total the state spent on Medicaid-covered family planning services in 2022-23, Planned Parenthood received $88,464, or 0.2%, according to the latest data from the state’s Medicaid agency.

Attorneys for South Carolina argue the state can find a provider unqualified to receive payment from the government-provided health insurance for poor and disabled people for any reason, including providing abortions, according to legal filings.

McMaster argued in a Monday court filing that not allowing state officials to decide how to spend the money infringes upon the state’s rights.

A federal appeals court has three times sided against the state. McMaster’s 2018 executive order directing the state’s Medicaid agency to remove abortion clinics from its list of providers never went into effect.