Women's Health Program on the Brink: New Lawsuit

On January 1, Texas' Women's Health Program (WHP) may lose its most active providers and may be discontinued altogether.

On December 11, Planned Parenthood affiliates, along with patient Marcela Balquinta, filed a new lawsuit that challenges Planned Parenthood clinics' exclusion from the new state-only funded Texas Women's Health Program (WHP) that is set to go into effect January 1.  The suit claims that the Texas Department of State Health Services (DSHS) and Health and Human Services Executive Commissioner (HHSC) Dr. Kyle Janek do not have the authority to exclude Planned Parenthood from the program. The suit also challenges the "poison pill" clause in the rules for the new WHP, since such a provision (to end the program if Planned Parenthood cannot be legally excluded) was rejected by the state legislature. (Planned Parenthood has also filed an additional suit in federal court.)

The state suit seeks an injunction that would prevent the state from excluding Planned Parenthood from its new state-funded program and from ending the program if courts find that Planned Parenthood cannot be excluded. A hearing on the injunction is expected to be held before the end of the year.

Since 2007, WHP has been a Medicaid program, funded 90% by the federal government, providing preventive healthcare and birth control to about 130,000 low-income women ages 18-44. Nearly half of the women in the program have received their cancer screenings and family planning from Planned Parenthood clinics.

Although the state has recruited new providers, there is concern that other providers do not have the capacity to serve the 50,000 women in the program who have used Planned Parenthood clinics as their provider.

Loss of WHP, if it occurs, would be a second devastating blow to women's preventive healthcare in Texas. The deep cuts to the DSHS Family Planning program have already had severe effects on the fragile network of women's health safety-net providers.  Even if the program continues, loss of its most active providers will be another huge shock to poor women's access to care.

A hearing on the new lawsuit is expected before the end of the year.   

Poll: Majority Agree with Contraceptive Coverage

According to a recent poll by LifeWay Research, nearly two-thirds of American adults believe that businesses and organizations - even those with conflicting religious principles -- should be required to provide health insurance coverage of birth control for their employees.

Under the Affordable Care Act ("Obamacare"), most employers are required to provide birth control coverage as part of the requirements to cover women's preventive care. Religious institutions such as churches are exempt from the requirement, and the Obama Administration is developing an accommodation for religiously affiliated organizations. Several Catholic dioceses and Christian colleges and business owners have sued to block the mandate from taking effect, claiming the mandate violates the free exercise of religion clause of the First Amendment to the U.S. Constitution. Many of these cases remain in the federal appeals courts.

In the poll, there was some variation is support of mandated coverage, with a smaller majority (53%) supporting a mandate for Catholic and other religious schools, hospitals and charities. Women were more likely than men to strongly support a birth control coverage mandate.

LifeWay Research president Ed Stetzer expressed concern that "[the] American public appears unaware or unconcerned that some religious organizations and family businesses indicate fear of losing the freedom to practice their faith under the new healthcare regulations."

Nearly half of U.S. pregnancies are unplanned, making prevention an important priority. Unplanned pregnancies have high costs and carry higher risks for late prenatal care, maternal morbidity, alcohol and tobacco use, relationship turmoil, domestic violence, and child abuse. 

LifeWay is affiliated with the Southern Baptist Convention.

The Healthy Futures Alliance (HFA), a community coalition to reduce teen and unplanned pregnancy, has endorsed a legislative approach that would assure health insurance coverage of contraceptives, while protecting the religious freedom of both employers and employees.

Note: We at Healthy Futures of Texas would not agree with this article's characterization of "the morning after pill" as "abortifacient contraception". Emergency contraception works primarily by preventing release of an egg by the ovary and does not disrupt an established pregnancy. 

Still Time to Donate in 2012 

As we approach the end of 2012, Healthy Futures of Texas would like to remind you that there is still time for you to make a tax-deductible contribution to our organization this year.  If you would like to help us provide and promote what works to reduce teen and unplanned pregnancy in San Antonio and Texas, please consider making a generous gift to Healthy Futures of Texas, a non-profit organization. 

Your donation will help us to reach more parents and teens and to advocate more effectively for access to preventive healthcare and effective programs. 

With your help, we can do more towards our vision of a community where ALL young people are able to reach their goals and dreams and ALL children are born to parents prepared to care for them.

Visit our website for an easy way to donate, or send your donation to

Healthy Futures of Texas

2300 W. Commerce St. #203

San Antonio, TX 78207

Thank you, and best wishes to you and your family for joyous holidays!