JANE HOPE ET AL. v. CESAR PERALES, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
SOCIAL SERVICES, ET AL., AND ALMA POINDEXTER,
83 N.Y.2d 563, 634 N.E.2d 183, 611 N.Y.S.2d 811 (1994).
May 5, 1994
1 No. 23 (1994 NY Int. 074)
Decided May 5, 1994
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
KAYE, CHIEF JUDGE:
At issue is the validity, under the State Constitution, of New York's
Prenatal Care Assistance Program (PCAP) (Public Health Law §§ 2520 et
seq.). Plaintiffs claim that the statute is facially unconstitutional
by reason of underinclusiveness, for its failure to include medically
necessary abortions in a prenatal care public funding scheme for women
with incomes up to 85% over the federal poverty level (meaning annual
income for a single pregnant woman of between $9,840 and $18,204 (n
1)). We now reverse the Appellate Division order and declare the
statute constitutional.
The Statute in Issue
New York's PCAP statute is best understood against the backdrop of
related programs.
Medicaid was created by Congress in 1965 to provide federal
reimbursement to participating states for a portion of the cost of all
medically necessary services for qualified individuals. Medicaid
eligibility is determined by financial need, ultimately assessed by
reference to the federal poverty level--currently annual income below
$9,840 for a single pregnant woman. Federal Medicaid reimbursement is
available for abortion only in cases of rape or incest, or to save the
life of the mother (see, Pub L 103-112, § 509). States may, however,
at their own option and expense, offer services additional to those
reimbursed under Medicaid, and New York has consistently included all
medically necessary abortions in its State Medicaid program (Social
Services Law § 365-a(2),(5)(b); 18 NYCRR 505.2(e)).
In 1987, Congress created PCAP to afford federal reimbursement to
states providing prenatal care and related services for needy pregnant
women with household incomes exceeding the Medicaid eligibility
SNIPPETS:
SOCIAL SERVICES, ET AL., AND ALMA POINDEXTER,
This opinion is uncorrected and subject to revision before publication in the New York
At issue is the validity, under the State Constitution, of New York's Prenatal Care
Plaintiffs claim that the statute is facially unconstitutional by reason of
Medicaid was created by Congress in 1965 to provide federal reimbursement to participating
Medicaid eligibility is determined by financial need, ultimately assessed by reference to the
Federal Medicaid reimbursement is available for abortion only in cases of rape or incest, or
In 1987, Congress created PCAP to afford federal reimbursement to states providing prenatal
Every state must offer PCAP to women with incomes at or below 133% of the poverty level, and
Effective January 1, 1990, New York amended its Public Health and Social Services laws to
As was made explicit at the time of New York's adoption of PCAP, the available benefits are
Supreme Court granted the injunction, holding that PCAP violates the due process (NY Const,
The court considered and rejected plaintiffs' additional argument that PCAP impinges upon the
Instead of invalidating PCAP as underinclusive, Supreme Court enlarged the beneficial statute
The Appellate Division affirmed (the Presiding Justice dissenting), agreeing with the trial
Because a substantial constitutional question is directly involved, defendants appeal as of
Moreover, no one disputes that, as is every enactment of a co-equal branch of government,
Instead, the heart of plaintiffs' challenge is that by funding certain childbirth services
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