The Department of Justice said it will join a Texas lawsuit alleging Planned Parenthood committed Medicaid fraud, according to a Nov. 6 court filing.
DOJ Joins Texas Lawsuit Against Planned Parenthood
Two DOJ attorneys filed a notice of representation in the U.S. District Court, marking the first time the department has entered the case since it was filed in 2021.
Planned Parenthood Federation of America’s senior vice president of Legal and General Counsel, Susan Baker Manning, pledged to fight the case through trial, saying the Biden administration previously tried to shut down the organization.
The department declined to comment after a request for statement went unanswered.
Planned Parenthood said the trial is slated for 2027 and reserves the right to oppose the DOJ’s request, seek additional discovery, and request extensions.
Texas and whistleblower Alex Doe argue they are entitled to no further discovery or deadline extensions, asserting the organization has no rights to delay.
The $1.8 billion suit claims the national Planned Parenthood network helped three regional affiliates continue Medicaid claims after their program termination.
The dispute began in 2015 when Texas and Louisiana health officials sought to remove Planned Parenthood affiliates from Medicaid, prompting a federal court battle that allowed the affiliates to remain.
Doe filed the fraud complaint in February 2021 on behalf of the United States, Texas and Louisiana; Texas joined the case in November 2021 and filed its own complaint in January 2022.
Texas alleges Planned Parenthood received about $10 million in Medicaid reimbursements from February 2017 to March 2021 and seeks triple that amount plus daily civil penalties.
Attorney General Ken Paxton said in 2022 that the organization should not benefit from funding after being caught violating medical standards and lying to law enforcement.
State officials based their Medicaid removal decision on undercover videos that showed staff discussing the possible sale of fetal tissue from second‑trimester abortions, claiming the affiliates ignored medical and ethical standards.
Planned Parenthood appealed an earlier ruling that allowed an immediate appeal on attorney‑immunity grounds, but the Fifth Circuit rejected that request.
The organization said the lawsuit was filed in Amarillo to place the case before Judge Matthew Kacsmaryk, a Trump‑appointed judge who previously suspended FDA approval of the abortion drug mifepristone.
Planned Parenthood said its nearest affiliate is more than 100 miles from Amarillo and that none of the disputed Medicaid claims were filed from that city.
