Supreme Court changes fuel moves to protect abortion access
National Legal News
A vast swath of West Texas has been without an abortion clinic for more than six years. Planned Parenthood plans to change that with a health center it opened recently in Lubbock. It’s a vivid example of how abortion-rights groups are striving to preserve nationwide access to the procedure even as a reconfigured Supreme Court — with the addition of conservative Justice Amy Coney Barrett — may be open to new restrictions.
Planned Parenthood has made recent moves to serve more women in Missouri and Kentucky, and other groups are preparing to help women in other Republican-controlled states access abortion if bans are imposed. “Abortion access in these states now faces its gravest ever threat,” said Alexis McGill Johnson, Planned Parenthood’s president. She said the new health center in Lubbock “is an example of our commitment to our patients to meet them where they are.”
The clinic opened on Oct. 23 in a one-story building that had been a medical office and was renovated after Planned Parenthood purchased it. To avoid protests and boycotts that have beset some previous expansion efforts, Planned Parenthood kept details, including the clinic’s location, secret until the opening was announced.
Planned Parenthood says the health center will start providing abortions — via surgery and medication — sometime next year. Meanwhile, it is offering other services, including cancer screenings, birth control and testing for sexually transmitted infections. Planned Parenthood closed its previous clinic in Lubbock, a city of 255,000 people, in 2013 after the Texas Legislature slashed funding for family planning services and imposed tough restrictions on abortion clinics.
That law led to the closure of more than half the state’s 41 abortion clinics before the Supreme Court struck down key provisions in 2016. There were no clinics left providing abortion in a region of more than 1 million people stretching from Amarillo in the Texas Panhandle south to Lubbock and the oil patch cities of Odessa and Midland. Women in Lubbock faced a 310-mile (500-kilometer) drive to the nearest abortion clinic in Fort Worth. Anti-abortion activists have been mobilizing to prevent the return of abortion services to Lubbock — and are not giving up even with the new clinic's opening.
“Lubbock must not surrender to the abortion industry,” said Kimberlyn Schwartz, a West Texas native who attended Texas Tech University in Lubbock and is now communications director for Texas Right to Life. Her organization has backed a petition drive trying to persuade the City Council to pass an ordinance declaring Lubbock a “sanctuary city for the unborn.” Abortion opponents hope that designation would lead to either enforcement efforts or lawsuits seeking to block abortion services.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.