ue to care for patients using family planning funds and women enrolled in the WHP. “We have seen cuts in staff, and one or two of our sites have had to close,” Mr. Camacho said. “We haven’t turned away any patients at this point, but we know some of our patients now have to travel farther to see us.”
In the meantime, the situation over funding for and par- ticipation in the WHP has become litigious. Attorney General Greg Abbott sued the federal government to restore funding, and nine Planned Parenthood clinics sued the state in federal court to stop their exclusion from the WHP. Planned Parenthood and the attorney general’s office are battling it out in court. On April 30, U.S. District Judge Lee Yeakel granted Planned Parenthood a temporary in- junction, giving the organization provi- sional participation in the WHP. That same evening, the attorney general filed an emergency motion for stay in the Fifth U.S. Circuit Court of Appeals. Judge Jerry Smith granted that motion, allowing HHSC to enforce the rule banning abortion providers and their affiliates from the WHP. How- ever, the Fifth Circuit Court reversed the emergency stay May 4, prohibiting HHSC from excluding Planned Parenthood clinics from the program pending the out- come of the lawsuit in district court. “We will comply with the court’s order as the case proceeds.
We also will continue to work toward a state program that provides women with access to vital family planning services and complies with the law that bans abortion providers from getting those funds,” Ms. Goodman said. The Fifth Circuit Court heard oral argument in the case in
June.
The state has indicated it will cease the WHP altogether if Planned Parenthood prevails. Texas Solicitor General Jonathan Mitchell said in a motion filed with the court that the state would cut all funds if the federal courts ordered Texas to allow Planned Parenthood to participate in the program. “State law prohibits Texas from continuing to operate the Texas Women’s Program if taxpayer money must be provided to entities that affiliate with abortion-promoting entities,” the motion said. “Consequently, the district court’s preliminary injunction effec- tively forces Texas to choose between contravening state law and shutting down the program.”
WHP needs physicians
Senator Nelson says physician participation in the WHP is vital to the program’s success. “As with any health program, there is no access without a
robust network of willing providers, so we are very grateful for the thousands of physicians already participating in the program. We hope to see that participation continue and grow,” she said. HHSC is working with TMA, state specialty societies, and
FQHCs to expand physician participation in the WHP to ensure eligible women retain access to services in their communities. According to Ms. Goodman, the 2,562 WHP participants include 2,195 physicians, 153 non-Planned Parenthood clinics, 44 Planned Parenthood clinics, and 170 FQHCs and regional health centers.
In fiscal year 2010, Planned Parenthood served 46 percent
of WHP’s clients. HHSC realizes that some women enrolled in the program will need to find a new physician or health care facility. “We’ve already begun meeting with other family planning clinics about expanding their capacity to serve WHP clients.
“if we don’t pay for preventive services up front, we have no choice but to pay for the consequences on the back end.”
Those meetings have gone really well. We’re also reaching out to other provider associations to help recruit new providers,” Ms. Goodman said.
Ms. Goodman says HHSC anticipates having more than 2,500 physicians, clinics, and health centers in the program, even after excluding Planned Parenthood and its affiliates. To help women find a doctor or clinic participating in the
WHP, the agency has developed a website, www.texaswomen
shealth.org. Women can search by city or ZIP code on the site, get information about the program, and learn how to apply for services. Dr. Realini says the threat to the WHP from the controversy
over who is going to be able to participate in the program is “unfortunate.”
“Members and friends of the Healthy Futures Alliance would
like to see Texas expanding, rather than limiting, access to preventive care,” Dr. Realini said. Dr. Realini says the economic argument for fully funding family planning services didn’t seem to resonate with lawmak- ers last year. “Texas spends an estimated $1.3 billion a year on unplanned Medicaid births. Texans need to stand up for access to preven- tive care and birth control. We need to work to reverse the cuts to the family planning program,” she said. With the potential exclusion of Planned Parenthood from
the program and the strain placed on Texas’ FQHCs and other clinics, Dr. Realini anticipates low-income women will face in- creased difficulty accessing care. A recent report released by the Geiger Gibson/RCHN Community Health Foundation Re- search Collaborative (
www.rchnfoundation.org) underscores her fears.
July 2012 TEXAS MEDICINE 23
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