(This is an actual case)

     The Agency for Health Care Administration (AHCA) administers the Medicaid program in Florida.  Certain rules pertaining to Medicaid in Florida exclude medically necessary abortions from Medicaid coverage, except in cases where the pregnancy endangers the life of the mother, or is the result of rape or incest.  Several women (including Renee B.) filed a complaint in the Fifteenth Judicial Circuit alleging that these rules were unconstitutional.  The women argued that medically necessary abortions should not be limited to cases where the pregnancy endangers the life of the mother or is the result of rape or incest.  Rather, the women asserted that abortions should be available when the pregnancy will increase the health risks associated with a preexisting condition, such as diabetes, or for pregnancies where the fetus has been diagnosed with a severe or fatal anomaly.  The women sought a declaration that the rules were unconstitutional;  a permanent injunction prohibiting enforcement of the regulations;  and reimbursement to the Medicaid-eligible women and providers for medically necessary abortions performed during the pendency of this suit.  The case was later transferred to the Second Judicial Circuit for Leon County, because generally, in civil actions brought against the state or one of its agencies, venue lies in the county where the state or agency maintains its principal headquarters.  Both the women/Plaintiffs and AHCA filed motions for summary judgment.  The parties agreed that the issues to be resolved were legal, and that there were no disputed issues of fact.  The circuit court denied the Plaintiffs' motion, and granted AHCA's motion, ruling that the challenged rules did not violate the right to privacy nor did they violate the guarantee of equal protection of the laws.  

     The case was appealed to the First District Court of Appeal and the district court affirmed the trial court’s ruling.  However, the district court acknowledged that the case had far reaching implications for the citizens of the state, and therefore the district court certified the following question to the Florida Supreme Court:

     DOES THE EXCEPTION FROM MEDICAID COVERAGE FOR MEDICALLY NECESSARY ABORTIONS VIOLATE THE EXPRESS RIGHT OF PRIVACY FOUND IN ARTICLE I, SECTION 23 OF THE FLORIDA CONSTITUTION?  

Renee B. v. Florida Agency for Health Care Administration, 756 So. 2d 218, 223 (Fla. 1st DCA 2000).  

     The Florida Supreme Court agreed to hear this case and oral argument is scheduled for March 29, 2001.

     The attorney(s) for Renee B. and the other women argue that the Florida Supreme Court should find that the AHCA rules are unconstitutional.  The attorney(s) claim that an abortion is medically necessary for all of the women.  Therefore, the attorney(s) assert that not providing for the abortions violates the women’s right of privacy and right of equal protection under the Florida Constitution.

     The attorney(s) for AHCA argue that AHCA’s rules do not infringe on the state right of privacy nor do they violate the state right of equal protection.

     There are also two amicus curiae briefs in this case.  Amicus curiae literally means "friend of the court. These briefs are filed, upon permission of the Court, when a person or entity, who is not a party to the case, wants to express its own views on an issue.  The National Abortion and Reproductive Rights Action League filed a brief in support of Renee B. and the other women.  Another brief was filed on behalf of the members of the Florida Legislature in support of AHCA.

     For a more detailed explanation of the issues in this case, review the attorneys' briefs and the appellate decision of the First District Court of Appeal in this case. There are the following briefs:  (1) the initial brief of the Petitioners (Renee B. and other women); (2) the answer brief of the Respondent (AHCA), (3) the reply brief of the Petitioners, (4) the amicus curiae brief of the National Abortion and Reproductive Rights Action League, and (5) the amicus curiae brief on behalf of the members of the Florida Legislature.