Restrictions on Low-Income Women's Access to Abortion

Idaho prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve the woman's life or the pregnancy is the result of rape or incest.  In cases of rape or incest, a woman must provide documentation that rape or incest was reported to a law enforcement agency, a copy of court determination of rape or incest, or a written certification from the physician that the woman was unable to report the rape or incest for reasons related to her health.  Idaho Code § 56-209c; Idaho Admin. Code § 16.03.09.511-514; Idaho Dep't of Health and Welfare, Medicaid Provider Handbook, Physician/Osteopath Guidelines §§ 3.10.1-4 (Rev. Jan. 2009) at http://www.healthandwelfare.idaho.gov/site/3438/default.aspx.

A court held that this law is constitutional under the Idaho Constitution, finding that Idaho may provide medical assistance for pregnancy-related expenses while refusing to fund abortions necessary to preserve a woman's health.  However, the court held unconstitutional a provision requiring two-physician certification for the life, rape, and incest exceptions.  Planned Parenthood of Idaho, Inc. v. Kurtz, No. CVOC0103909D (Idaho Dist. Ct. June 12, 2002).