PLANNED PARENTHOOD OF KANSAS v. ANDERSEN

No. 16-3249.

882 F.3d 1205 (2018)

PLANNED PARENTHOOD OF KANSAS and Mid-Missouri; Planned Parenthood of St. Louis Region; Jane Doe #1, on her behalf and on behalf of all others similarly situated; Jane Doe #2, on her behalf and on behalf of all others similarly situated; Jane Doe #3, on her behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Jeff ANDERSEN, Acting Secretary, Kansas Department of Health and Environment, inhis official capacity, Defendant-Appellant. Center for Reproductive Rights; IPAS; National Center for Lesbian Rights; National Family Planning & Reproductive Health Association; National Health Law Program; National Latina Institute for Reproductive Health; National Women's Law Center; Sexuality Information and Education Council of the U.S. (SIECUS); American Public Health Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed February 21, 2018.


Attorney(s) appearing for the Case

Patrick Strawbridge , Consovoy McCarthy Park, PLLC, Boston, Massachusetts ( Michael H. Park , Consovoy McCarthy Park, PLLC, New York, New York, Darian P. Dernovish , Kansas Department of Health and Environment, Topeka, Kansas, with him on the briefs), for Defendant-Appellant.

Diana Salgado , Planned Parenthood Federation of America, Washington, D.C. ( Erwin Chemerinsky , University of California, Irvine School of Law, Irvine, California, Arthur A. Benson and Jamie Kathryn Lansford , Kansas City, Missouri, and Douglas N. Ghertner , Slagle, Bernard and Gorman, P.C., Kansas City, Missouri, with her on the brief), for Plaintiffs-Appellees.

Martha Jane Perkins , National Health Law Program, Carrboro, North Carolina, filed an amici curiae brief in support of Plaintiffs-Appellees.

Before BACHARACH, PHILLIPS, and McHUGH, Circuit Judges.


Medicaid's free-choice-of-provider provision grants Medicaid patients the right to choose for their medical care any qualified and willing provider. 42 U.S.C. § 1396a(a)(23). On May 3, 2016, Kansas sent notices of decisions to terminate (effective May 10) its Medicaid contracts with two Planned Parenthood affiliates...

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