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Georgia

Restrictions on Low-Income Women's Access to Abortion

Georgia prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, or the pregnancy is the result of rape or incest.  Div. of Med. Assistance, Ga. Dep't of Cmty. Health, Medicaid Provider Manuals, Part II: Policies and Procedures for Physician Services, ch. 900, § 904.2 (Rev. Jul. 1, 2014), at https://www.mmis.georgia.gov/portal/Portals/0/StaticContent/Public/ALL/HANDBOOKS/Physician%20Services%2001-07-2014%20191841.pdf; and Appendix H: Abortions, Certificate of Necessity for Abortion (DMA-311) (July 1, 2014), at https://www.mmis.georgia.gov/portal/Portals/0/StaticContent/Public/ALL/HANDBOOKS/Family%20Planning%20Services%2001-07-2014%20192605.pdf.

A lawsuit was filed challenging Georgia's policy of not funding medically necessary abortion services.  The plaintiffs requested but were denied an order that would have prevented the state from denying public funding for medically necessary abortion services for Medicaid-eligible women.  Feminist Women's Health Ctr. v. Burgess, 2003-CV-78487 (Ga. Super. Ct. Dec. 23, 2003), rev'd, 651 S.E.2d 36 (Ga Sup. Ct. 2007).


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