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HRD-77-130 1 (1977-08-03)

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03363 - rA21732931

rnvolvement of the New Orleans Legal Assistance Corporation in
a Lawsuit PelateM to Medicaid Reimbursements for Abortions].
HRD-77-130; B-156518. August 3, 1977. 2 pp.

Peport to Pep. David C. T-reen; by Robert F. Keller, Deputy
Comptroller General.

Contact: Human Resources Div.
Budget Function: Education, Manpower, and Social Services:
    Soc.-al Services (506).
Organization Concerne4: Legal Services Corp.; New Orleans Legal
     Assistance Corp.
Congressional Relevance: Rep. Davi4 C. Treen.
Authority: Legal Services Corporation Act of 1974.

         The involvement of a Legal Services Corporation grantee
in a lawsuit against the State of Louisiana on behalf of two
women seeking Melicaid reimburserent for abortions perfGrmel ii.
other than State-lice isea hospitals does not violate the
prohibitions on abortions in the Legal Services Corporation Act
of 1974.   5.-,ings/ConcIusions: The Louisidna licensurc jaw for
physicians states that a license may be refused, suspended, or
revocation proceedings instituted for performing a therapeutic
abortion outside a State-licensed hospital. Since the policy of
Louisiana's Medicaid program to pay for therapeutic abortions
only whei performed in a licensed bospital is based on the
license law, the lawsuit is directed against the law and hence
the State. The prohibition contained in the Legal Services
Corporation Act of 197 against the use of fends male available
under the Act to provide legal assistance with resp:ct to
lawsuits s-eking to procurp nontherapenutic abortions does not
-,pear to apply in this -ase, nor does it appear thxt the
prohibition against compelling any inlividuial or institution to
perfor-m or assist in an abortion is applicable, since the
physicians and clinics are willing to proceed. Attorneys for thi
Siate of Louisiana have conceded that the State is required to
prcvide Medicaid payments for therapeutic abortions performed in
clinics and has agreed to do so in the future without a court
order. (SC)

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