Prohibiting public funds for abortions
House Bill 862
Sponsored by Rep. Mike Hopkins (R - Missoula)
This bill was passed and signed into law. However, it now faces a lawsuit along with House Bill 544 and the new Medicaid rule and has been temporarily blocked. HB 862 will not be enforced while the judge deliberates.
House Bill 862 goes further than Rep. Jane Gillette’s HB 544 and the proposed DPHHS rule change to prohibit any public funds from being used for abortion services with very limited exceptions.
Rep. Hopkins is attempting to bring the federal Hyde Amendment to Montana, despite the 1995 Montana district court decision, Jeannette R. v. Ellery which affirmed that the state has a statutory obligation to pay for medically necessary abortions in the Montana Medicaid program.
In the News
The Montana Department of Justice and attorneys for the state have filed notices of appeal with the state Supreme Court after a judge in Helena blocked several newly signed bills restricting abortion access and a state health department rule on Medicaid-funded abortions.
“Even before the Armstrong decision in Montana, our courts said that you can’t discriminate against people because they’re lower-income and deny them access to health care – and that includes abortion care,” Graybill said.
A Montana trial judge has blocked two new state laws that allegedly eliminate access to abortion for Medicaid patients and others who depend on state money to pay for their care.
A Helena judge has blocked four anti-abortion bills and a health department rule restricting Medicaid coverage of abortion while lawsuits challenging their constitutionality play out.
A state judge has temporarily blocked new restrictive abortion policies from going into effect while their constitutionality can be hashed out in court. That order came after a 4-hour hearing in which both sides made their cases for or against the block.
A Helena district court judge on Tuesday barred the state from enforcing five new abortion restrictions while litigation over their constitutionality continues.