CLIENT ALERT: Ninth Circuit Permits HHS to Implement New Title X Regulations

By Published On: June 26, 2019

UPDATE (July 15, 2019)Recent rulings by the U.S. Courts of Appeals for the Fourth and Ninth Circuits, as well as the U.S. District Court for the District of Maine, currently give the U.S. Department of Health and Human Services the authority to implement its amended Title X regulations nationwide.

On June 20, 2019, the U.S. Court of Appeals for the Ninth Circuit granted requests by the Department of Justice to stay three preliminary injunctions granted by lower federal courts in California, Oregon, and Washington.  The preliminary injunctions had prohibited the Department of Health and Human Services from implementing the amended Title X regulations, which were published on March 4, 2019.

Because of the Ninth Circuit’s decision, the amended Title X regulations are now in effect.  These regulations include many new requirements and limitations, including that Title X grantees and subrecipients are prohibited from providing referrals for abortion “as a method of family planning.”

Litigation concerning the 2019 Title X regulations is ongoing.  For example, in the Ninth Circuit, the ACLU filed an emergency petition to the en banc court (eleven judges of the Ninth Circuit) asking the court to reverse the June 20th ruling.  Elsewhere, a federal court in Maryland issued a preliminary injunction, preventing the implementation of the 2019 Title X regulations in Maryland.  A similar case is ongoing in Maine, but a decision has not yet been rendered.  Notwithstanding the ongoing litigation, Title X grantees and subrecipients are currently mandated to comply with the 2019 Title X regulations.

If you have any questions regarding the 2019 Title X regulations, please contract Carrie Bill Riley, criley@ftlf.com, or Christopher J. Frisina, cfrisina@ftlf.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.


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