On March 4, 2019, the U.S. Department of Health and Human Services (HHS) issued a final rule revising its Title X family planning regulations, which have an effective date of May 3, 2019.  One revision prohibited Title X grantees and subrecipients from referring patients for an abortion, unless such referral was clinically necessary (e.g., an ectopic pregnancy).  Another change required a physical separation between Title X projects and abortion-related activities, which is scheduled to take effect on March 4, 2020.

On Thursday, April 25, 2019, a federal judge in the Eastern District of Washington State issued a nationwide preliminary injunction. The injunction temporarily blocks the new Title X regulations, preventing them from going into effect on May 3, 2019. The rules are likely to be subject to continued litigation as the parties argue over whether or not the injunction should be permanent.

A federal judge in the District of Oregon issued a similar ruling on April 29, 2019, blocking the revised Title X regulations nationwide.

If you have any questions about these rulings, the Title X requirements, or grants management issues, please contact Carrie Bill Riley, criley@feldesman.com, or Christopher J. Frisina, cfrisina@feldesman.com.

Webinar: If you missed it, FTLF hosted a webinar on March 19, 2019, providing an overview of the changes to the Title X Program under the new Rule. Learn More or Purchase the Recording Here.