A federal appeals court has ruled against Tennessee's efforts to receive millions of dollars in family planning funds without adhering to federal regulations mandating clinics to provide abortion referrals. The state's Attorney General had filed a complaint challenging the U.S. Department of Health and Human Services' decision to disqualify Tennessee from the Title X family planning program due to its ban on abortion referrals.
Last year, Tennessee's Attorney General filed a federal complaint seeking to overturn the U.S. Department of Health and Human Services' decision to disqualify the state from receiving money offered through a family planning program known as Title X. A lower court later determined that Tennessee was unlikely to succeed and the state appealed that decision.
In 2021, the Biden administration announced that clinics accepting Title X funds must provide information about abortion. However, Tennessee argued that HHS did not clarify how the rule would apply in states with abortion bans following the U.S. Supreme Court's decision to overturn Roe v. Wade.
The 6th U.S. Circuit Court of Appeals ruled that Tennessee could not use its abortion ban law to dictate eligibility requirements for Title X funding. The court's decision means that Tennessee will not have its Title X funding reinstated while the lawsuit continues.
The court also noted that Tennessee was not obligated to accept the federal funds and could replace them with state funding if it deemed the requirements unacceptable under state laws.
Tennessee has been a recipient of Title X funds since 1970, receiving around $7.1 million annually to support clinics providing birth control and basic health care services to low-income women, many from minority communities.
Under the latest rule, clinics cannot use federal family planning money for abortions but must offer information about abortion upon patient request. Tennessee prohibits abortion at all stages of pregnancy with limited exceptions.
In March 2023, HHS informed Tennessee that it was out of Title X compliance due to its policy prohibiting clinics from discussing pregnancy termination options not legal in the state. The federal government then redirected Tennessee's Title X funds to Planned Parenthood clinics in the state.
Planned Parenthood expressed concern over the state's decision, emphasizing the importance of essential sexual and reproductive health care services funded by Title X for millions of individuals across the country.
