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North Dakota

Restrictions on Low-Income Women's Access to Abortion

North Dakota 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.  N.D. Admin. Code §  75-02-02-08(2)(i); North Dakota Department of Human Services, General Information for Providers, April 2012,  http://www.nd.gov/dhs/services/medicalserv/medicaid/docs/gen-info-providers.pdf.

An invalid and enjoined statute prohibits funding for abortion unless the procedure is necessary to preserve the woman's life.  N.D. Cent. Code § 14-02.3-01 (Enacted 1979).

A court held that this provision conflicts with federal law prohibiting participating states from excluding abortion from the Medicaid program in cases of rape or incest as well as life endangerment, and issued a permanent injunction prohibiting its enforcement to the extent it conflicts with federal law.  Fargo Women's Health Org. v. Wessman, No. A3-94-36 (D.N.D. March 15, 1995), aff'd, No. 95-1920ND (8th Cir. Feb. 1, 1996).

 


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