OCR Text |
Show Funding decision is fair says P.C clinic director by RICK BROUGH Record staff writer The director of the Park City Community Com-munity Clinic said she is pleased by an appellate court decision that blocks Utah from receiving federal funds for contraceptive services while the state has its "parental consent" con-sent" law on the books. "We're just delighted," said director direc-tor Diana Maxell. "It seems that it is the only right decision. That is the way the law and Title X reads." The controversy centered on Utah's Senate Bill 3 (SB3), a 1981 law that prohibits contraceptive services ser-vices from being given to minors through state-funded agencies without parental consent. The decision by Denver's 10th Circuit Cir-cuit Court of Appeals Oct. 31 has a complex history involving SB3 and the U.S. Department of Health and Human Services (HHS), which administers ad-ministers Title X funds. At one time, Title X funds were distributed by the federal government govern-ment in direct grants to the state, Planned Parenthood and the Park City Community Clinic. In 1982, HHS combined the Title X money paid to the various agencies and gave them to the Utah Health Department as a block grant. That meant agencies such as Park City Community Clinic would have to abide by SB3 if it received the federal Title X funds through the state. Planned Parenthood of Utah and the Park City Community Clinic sued, contending the state law violated Title X funding regulations, since . SB3 discriminated against minors and breached their confidentiality. confiden-tiality. For some six to eight months, the Park City clinic received a lesser funding that passed through the state and Summit County government govern-ment and the clinic was required to obtain parental consent before giv--ing birth control services to minors. In December 1983, Utah federal Judge David Winder disqualified the state health department from receiving Title X funds as long as SB3 was in effect. His ruling was upheld on the three-judge panel the 10th Circuit Court of Appeals. Maxell, however, said she is concerned con-cerned that further state attempts will be made to validate SB3. These eitorts will be costly to taxpayers, she said, noting Planned Parenthood and the Park City clinic will pursue 1 court action asking for reimbursement reimburse-ment of their expenses from the state. But state efforts may not end at this point. Assistant Utah Attorney General Clark Graves told the Salt Lake Tribune the state may ask the appeals court to reconsider its decision. deci-sion. Another proposal Maxell criticized criticiz-ed is a federal amendment brought by two Republicans-Utah Sen. Or-rin Or-rin Hatch and U.S. Rep. Jack Kemp. It would prohibit Title X money from going to agencies that provide abortion abor-tion counseling. She said local family planning agencies had protested the amendment. amend-ment. "I don't believe Senator Hatch represents all of Utah," she said. After Judge Winder's ruling, Planned Plan-ned Parenthood received most of the more than $500,000 allocation in Title X funds. Some $60,000 went to the Park City Clinic. At present, Maxell said, the amount of funding to the clinic is not much greater than it was when the three agencies in Utah received funding. |