Planned Parenthood Challenges Whistleblower Law in $1.8 Billion Medicaid Lawsuit

08-09-2023

Planned Parenthood has filed a lawsuit to dispute an established legislation that permits whistleblowers to file fraud lawsuits on the government's behalf. This action aims to respond to a $1.8 billion lawsuit brought by the state of Texas and an unnamed anti-abortion activist. They claim that Medicaid payments were obtained by Planned Parenthood illegally.

Who is Planned Parenthood?

As a reputable provider of healthcare, knowledgeable educator, dedicated supporter, and international partner assisting other groups like it, Planned Parenthood excels in all these areas. Millions worldwide receive crucial reproductive health care, sex education, and information from Planned Parenthood.

The Legal Battle

Planned Parenthood argued against the "qui tam" clause of the federal False Claims Act (FCA) in a recent court filing in Amarillo, Texas. This clause allows the public to enforce the law in place of official representatives. Planned Parenthood claims this is against the U.S. Constitution, which calls for the president to nominate such individuals and the Senate to confirm them.

Whistleblower Lawsuits

Whistleblowers, sometimes known as relators, can file complaints under the FCA, and the U.S. government can choose whether to get involved. If successful, a portion of the money is recovered and given to the relative. According to Planned Parenthood, the case should be dismissed because these relators are self-appointed.

View of the Supreme Court

In a related FCA lawsuit from June, Planned Parenthood referenced a dissent by U.S. Supreme Court Justice Clarence Thomas and views from Justices Brett Kavanaugh and Amy Coney Barrett. These judges recommended that the court evaluate whether the whistleblower provision is constitutional.

The Lawsuit's Background

An unnamed party filed the complaint in 2021, claiming to have obtained and distributed hidden camera footage in 2015 in which Planned Parenthood employees are seen discussing the sale of fetal tissue. These films spurred Texas and Louisiana to declare that Planned Parenthood would no longer be eligible for Medicaid funding. Nevertheless, court orders put these terminations off for several years.

The Risks

The claims are refuted by Planned Parenthood, which claims that the states accepted the cash and never asked for returns. If Planned Parenthood's case is successful, it might significantly impact how federal fraud enforcement is carried out, especially in the healthcare industry.

Conclusion

The result of this legal dispute will be keenly followed because it could impact how the False Claims Act is interpreted and future whistleblower cases. It is uncertain whether the case will go to the Supreme Court for a verdict.