Feminist Women's Health Center v. Burgess, 282 Ga. 433

Summary

The Supreme Court of Georgia reversed the dismissal of a challenge to Georgia Medicaid regulations denying coverage for medically necessary abortions except when the mother's life would be endangered or the pregnancy resulted from rape or incest. The court held that medical providers had third-party standing to assert the rights of Medicaid-eligible patients and that the patient claimant was not required to exhaust administrative remedies because no adequate administrative remedy was available.

Holdings

1. Medical providers have third-party standing to assert the constitutional rights of their Medicaid-eligible patients in challenging the State's denial of Medicaid reimbursement for medically necessary abortions when the providers suffer a direct financial injury, have a close relationship with the patients, and the patients face significant hindrances to asserting their own rights.
2. Exhaustion of administrative remedies is not required when the agency provides no procedure for hearing the constitutional challenge and cannot provide the remedy sought.

Questions Presented

1. Whether medical providers have third-party standing to assert the constitutional rights of Medicaid-eligible patients challenging the State's denial of Medicaid reimbursement for medically necessary abortions.
2. Whether a Medicaid-eligible patient must exhaust administrative remedies before challenging the constitutionality of the Medicaid plan when the agency has no procedure to hear the constitutional challenge and lacks authority to grant the requested relief.

Disposition

reversed