A Montana judge is temporarily halting a rule that would require prior authorizations for Medicaid-paid abortions, the Daily Montanan reported May 1.
The rule, set to go into effect this month in the state, would require prior authorization for abortions as well as require an in-person exam by a physician — rules that are not required for non-Medicaid patients, according to the report.
Under federal law, Medicaid-paid abortions are allowed under three conditions: if the abortion is necessary to save the life of the mother; if the pregnancy was the result of rape or incest; or if the abortion is deemed medically necessary by a provider.
A lawsuit challenging the rule argued it is effectively a ban on abortion and that many provisions of the rule have been previously determined to be unconstitutional, according to the report.
District Court Judge Mike Menahan issued a temporary restraining order because the rules likely infringe on the state's constitution, according to the report. The judge's order stops the rule going into effect until May 12, when a hearing on a more permanent preliminary injunction will take place.