Essential Access Health Files Motion For Reconsideration to Reverse Harmful 9th Circuit Title X Decision

FOR IMMEDIATE RELEASE
June 26, 2019

SAN FRANCISCO – Essential Access Health filed a motion in the 9th Circuit Court of Appeals to block sweeping changes to the federal Title X family planning program from taking effect.

Last week, a panel of three 9th Circuit judges granted the U.S. Department Justice’s request to lift the preliminary injunctions in place against the Trump administration’s Title X regulations. Today, Essential Access filed a Motion for En Banc Reconsideration of the 9th Circuit panel’s order and a request to stay the ruling while it is reconsidered.

If implemented, the Trump regulations threaten to drastically reduce access to quality sexual and reproductive health care and disproportionately affect low-income women, rural regions, and communities of color. The changes would prevent health providers in the Title X network from offering their patients full information about all of their pregnancy options.

“We believe the Court’s order lifting the preliminary injunction was wrongly decided and will result in irreparable harm to patients across California who depend on Title X for essential health care,” said Julie Rabinovitz, President and CEO of Essential Access Health. “That is why we are asking for the full 9th Circuit to reconsider the decision, and quickly reinstate the injunctions halting implementation of the regulations.”

“Essential Access Health has been with the Title X program from the very beginning. We cannot and will not turn our backs on the 1,000,000 low-income Californians who rely on Title X services each year,” Rabinovitz added. “While the panel’s decision was very disappointing, this is just the beginning of the judicial process. We are committed to doing everything possible to make sure that these harmful and unlawful regulations never see the light of day.”

Background

Essential Access Health leads the largest and most comprehensive Title X system in the nation and has been a Title X grantee for the state of California since the program was established in 1970. Title X funding in California supports the delivery of essential health services including birth control, STD and pregnancy tests, and cancer screenings at over 360 health centers in 38 of California’s 58 counties.

Essential Access Health’s lawsuit includes co-plaintiff Dr. Melissa Marshall, a family medicine doctor practicing at a Title X-funded health center in Yolo County, California. Essential Access Health and Dr. Marshall are represented by a team at the law firm Keker, Van Nest & Peters, led by Michelle Ybarra.

Case Timeline:

May 22, 2018 – The United States Department of Health and Human Services released proposed Title X regulations that introduced some of the most sweeping and extreme changes in the history of the program
July 30, 2018 – Essential Access Health submitted public comments outlining the harms the proposed regulations would cause in California and across the country
February 22, 2019 – Final Title X regulations released on the Office of Population Affairs website
March 4, 2019 – Final regulations officially published in the Federal Register; Essential Access Health v. Azar, et al filed in federal court
March 21, 2019 – Essential Access Health filed preliminary injunction motion
April 18, 2019 – Oral arguments presented in preliminary injunction hearing
April 26, 2019 – Preliminary injunction granted
May 3, 2019 – Date regulations were scheduled to take effect
June 20, 2019 – 9th Circuit Court of Appeals motions panel lifts preliminary injunction
June 26, 2019 – Essential Access Health files Motion for En Banc Reconsideration of the 9th Circuit panel’s order

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Essential Access Health champions and promotes quality sexual and reproductive health care for all. Essential Access achieves its mission through an umbrella of programs and services, including health center support initiatives, provider training, advanced clinical research, public policy and outreach, and awareness campaigns. As the administrator of the nation’s largest and most diverse Title X system in the country, Essential Access partners with a robust provider network that collectively serves over 1,000,000 low-income Californians each year at more than 360 health centers across the state.