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Monday, Jul 1 2019

Full Issue

Panel Deciding Fate Of Missouri's Last Abortion Clinic Allows Facility To Stay Open, Hints It Will Win Case

The state administrative panel won't hear the case until August, but the clinic can remain operational until then. Meanwhile, Administrative Hearing Commissioner Sreenivasa Rao Dandamudi indicated it's likely the clinic will win its battle against the state in the end. 鈥淭his has been a week-to-week fight for our patients and every Missourian who needs access to abortion care," said Dr. Colleen McNicholas, an attending physician at the St. Louis clinic.

A Missouri commissioner on Friday ruled that the state's only abortion clinic can continue providing the service at least until August as a fight over its license plays out, adding that there's a "likelihood" that the clinic will succeed in the dispute. Administrative Hearing Commissioner Sreenivasa Rao Dandamudi granted what's called a "stay," which will allow the St. Louis Planned Parenthood clinic to continue providing abortions past Friday. (Ballentine and Salter, 6/28)

The conflict, over whether the clinic has complied with health department requirements, has threatened to make Missouri the first state in about 45 years where women would not have access to abortion services. So far the clinic has hung on, finding legal relief in state court. On Friday, that legal protection was extended again, this time by an official in the Administrative Hearing Commission, a body in the executive branch that resolves disputes involving state agencies. A hearing was set for Aug. 1. (Tavernise and Williams, 6/28)

The Missouri Department of Health and Senior Services (DHSS) says the basis of its decision to deny the application for license renewal is its inability to interview five physicians who provided treatment at the clinic, according to Dandamudi. (Thomas, 6/28)

Administrative Hearing Commissioner Sreenivasa Rao Dandamudi wrote Friday that Planned Parenthood is likely to succeed in its arguments because interviews aren't required for license renewals.聽"Because DHSS relies substantially on the lack of these interviews as grounds for denial, we find there is a likelihood that Petitioner will succeed in its claim," Dandamudi wrote, according to The Associated Press.聽(Hellmann, 6/28)

鈥淲e are relieved to have this last-minute reprieve, which means patients can continue accessing safe, legal abortion at Planned Parenthood in St. Louis for the time being,鈥 said Colleen McNicholas, an obstetrician and gynecologist at the clinic. (Calfas, 6/28)

鈥淭his has been a week-to-week fight for our patients and every Missourian who needs access to abortion care. There are two things that remain unchanged in Missouri: the uncertainty our patients face, and our will to continue fighting for their right to access safe, legal abortion,鈥 McNicholas said. (Fentem, 6/28)

The decision was a key reprieve for Planned Parenthood, which would have had to stop providing abortions at 5 p.m. Friday absent Dandamudi鈥檚 decision. The Department of Health and Senior Services formally rejected the organization鈥檚 annual application to renew its abortion license last Friday while alleging numerous issues with patient care, including failed abortions. (6/28)

The embattled Planned Parenthood says it's made changes in response to the state's inspection and has consistently provided high quality care. It has also argued that the licensing battle is part of a greater anti-abortion effort by the state's administration. Last month, Missouri's Republican Gov. Mike Parson signed a bill banning abortions on or beyond the eighth week of pregnancy without exceptions in cases of rape or incest 鈥 one of the nation's most restrictive abortion bills. (Chuck, 6/28)

In a filing earlier this week, Planned Parenthood attorneys argued the hearing commission should order the state to renew the clinic鈥檚 license. 鈥淧etitioner affirmatively states that its renewal application was complete and that all of the applicable requirements for licensure have been met,鈥 attorney Charles W. Hatfield wrote in a complaint filed Monday night. 鈥淣othing in Missouri鈥檚 statutory or regulatory scheme provides any basis or justification for Respondent鈥檚 asserted grounds for license denial.鈥 (Suntrup, 6/28)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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