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SIMAT CORP v. AHCCS

No. 1 CA-CV 00-0334.

29 P.3d 281 (2001)

200 Ariz. 506

SIMAT CORP. d/b/a Abortion Services of Phoenix; Arizona Reproductive Medicine & Gynecology, Ltd., Robert H. Tamis, M.D.; Family Planning Associates Medical Group; Joel B. Bettigole, M.D.; Damon S. Raphael, M.D.; Tucson Woman's Clinic; and William A. Meyer, Jr., M.D., Plaintiffs-Appellees, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM, and Phyllis Biedess, in her capacity as Director of AHCCCS, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department E.

August 7, 2001.

Attorney(s) appearing for the Case

Johnston & Kelly, P.L.C., by Logan T. Johnston, Phoenix, Attorneys for Defendants-Appellants.

LaVoy & Chernoff, PC, by Christopher LaVoy and Mark Chernoff, Phoenix, and Center for Reproductive Law & Policy by Bebe J. Anderson and Suzanne Novak, and Deborah Baumgarten, New York, NY, Attorneys for Plaintiffs-Appellees.

Mueller & Drury, P.C., by James P. Mueller, Scottsdale, and Paul Benjamin Linton, Northbrook, IL, and Center for Arizona Policy by Len L. Munsil, Scottsdale, Attorneys for Amici Curiae, Members of the Arizona Legislature.

OPINION

THOMPSON, Judge

¶ 1 This appeal presents three issues of first impression in Arizona: (1) Whether the right to privacy under Article 2, § 8 of the Arizona Constitution requires the State of Arizona (the state) and the Arizona Health Care Cost Containment System (AHCCCS) to cover "medically necessary" abortions in spite of Arizona law that expressly prohibits the state from doing so; (2) whether the statutory scheme violates Article 2, ...

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