Pennsylvania AG Appeals Commonwealth Court Ruling Striking Down Medicaid Abortion Ban
Pennsylvania Attorney General Dave Sunday has appealed a Commonwealth Court ruling that struck down the state's ban on Medicaid-funded abortions, after the court found 4-3 in April 2026 that the ban violates the state constitution's Equal Rights Amendment. The state Supreme Court agreed in mid-July to hear the case again. Sunday intervened in February 2025 to defend the law after the Department of Human Services, which had initially defended it, reversed position and sided with plaintiffs challenging the ban. Sunday cited the Commonwealth Attorneys Act, which requires attorneys general to defend state statutes absent a controlling court decision, though legal experts disagree on whether that obligation extends to appeals.
The outcome will determine whether Pennsylvania Medicaid managed care organizations must cover abortion services beyond existing narrow exceptions, directly affecting benefit design, actuarial assumptions, and compliance obligations for plans operating in the state.
Managed Care · Maternal
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