Feminist Women's Health Center v. Burgess

Thompson, Justice.

Appellants appeal from the trial court’s order dismissing their complaint challenging the constitutionality of that portion of Georgia’s Medicaid program which denies Medicaid coverage for medically necessary abortions. For the reasons that follow, we reverse.

The challenged regulations are part of Georgia’s Medicaid program under which the State provides medical services to persons who meet certain financial eligibility requirements. See 42 USCA § 1396 et seq.; OCGA § 49-4-140 et seq. The program, set out in the Department of Community Health’s Policies and Procedures,…