TX court to consider whether Biden admin can exclude the public in issuing Obamacare mandate

WHO: Alliance Defending Freedom attorneys

WHAT: Available for media interviews following oral arguments in Tice-Harouff v. Johnson

WHEN: Immediately following hearing, which begins at 1:30 p.m. CDT, Tuesday, July 12

WHERE: William M. Steger Federal Building and U.S. Courthouse, 221 West Ferguson St., Tyler; to schedule an interview, contact ADF Director of Media Relations Elizabeth Ray at (202) 440-3767

TYLER, Texas – Alliance Defending Freedom attorneys representing a Texas nurse practitioner will be available for media interviews Tuesday following a federal district court hearing in her lawsuit against the Biden administration.

Dr. Cami Jo Tice-Harouff is asking the U.S. District Court for the Eastern District of Texas, Tyler Division, to halt enforcement, while her lawsuit proceeds, of a U.S. Department of Health and Human Services rule that deprives the women she serves of the right to health insurance coverage for fertility awareness-based methods of family planning, leaving coverage of only contraceptive and abortifacient drugs and devices. The Biden administration made the change in December 2021 without responding to any public objections.

“Women shouldn’t have to fear losing their doctor and insurance coverage for fertility awareness instruction as a result of back-room government decisions,” said ADF Senior Counsel Matt Bowman, who will be arguing before the court on behalf of Tice-Harouff. “Countless women rely on Dr. Tice-Harouff’s expertise to help them raise families in a manner consistent with their medical needs. It is wrong and unlawful for the Biden administration to push its own, preferred methods of family planning on all women, while not even explaining its decision or responding to public objections.”

Tice-Harouff, who is a licensed nurse practitioner in Tyler with a doctorate in nursing practice, is also licensed in several other states and provides patients with instruction in several different evidence-based fertility awareness methods of family planning. Those methods provide family planning options by carefully tracking a woman’s fertility.

Tice-Harouff assists many of her patients by billing their insurance providers and then donates the proceeds to a non-profit clinic that provides health care to the needy. The Affordable Care Act prevents insurance plans from imposing any cost-sharing requirements on women seeking “preventative care and screenings.” In 2016, HHS included “instruction in fertility awareness-based methods” as part of this requirement.

However, in December 2021, HHS removed “fertility awareness-based methods” from its list, but without using the notice-and-comment process or giving any rationale, both of which are mandated by the Administrative Procedure Act. HHS allowed only one, hand-picked outside organization to give input into the guidance, which will take effect on December 31, 2022 unless the court issues an injunction.

• Pronunciation guide: Tice-Harouff (Hair-OFF')

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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