Colorado rejects regulations to limit Medicaid coverage for abortion

In a 3-3 vote on May 19, (1994) the Colorado Social Services Board rejected proposed emergency regulations that would have limited Medicaid coverage for abortions to circumstances in which federal matching funds are available. The regulations were proposed in response to U.S. District Court Judge Edward Nottingham's May 5 ruling, which permanently enjoined a state constitutional amendment and state statutes that prohibit public funds for abortion except where the life of the woman is endangered. Judge Nottingham found that the state measures are invalid because they conflict with the current Hyde Amendment, which provides federal Medicaid funds for abortions in cases of life endangerment, rape, and incest. In the absence of any restrictive provisions, Colorado is required to fund all medically necessary abortions. CRLP (Center for Reproductive Law and Policy), which represented plaintiffs in Hern v. Beye, provided testimony against the proposed emergency regulations during a hearing before the Board vote. Meanwhile, some other states are moving toward complying with federal Medicaid law. The Nebraska Department of Social Services is considering regulations that would extend state funding for abortion to include pregnancies resulting from rape or incest. A May 19 public hearing was held on the proposal, which is awaiting final approval. When the Louisiana legislature convenes for a special session on June 6, Governor Edwin Edwards is expected to introduce a bill to authorize Medicaid coverage for abortions in cases of rape and incest. Finally, Indiana and Ohio are reportedly moving toward compliance with the federal mandate. In contrast, however, Missouri Department of Social Services Director Gary Stangler filed suit in federal court on May 24 against Health and Human Services officials for issuing the federal directive requiring compliance with the Hyde Amendment. Pennsylvania officials filed a similar action in mid-March. Lawsuits filed by CRLP against Arkansas, Louisiana, Michigan, North Dakota, Oklahoma, and Pennsylvania for non-compliance are still pending; similar challenges were also filed by Planned Parenthood in Michigan and Montana.