Abortion

Clinic Misled by Texas Health Department Provided Abortions Post-HB 2 Enforcement

A West Texas abortion provider could face disciplinary consequences for following the mistaken advice of the Texas Department of State Health Services, which wrongly informed Hilltop Women's Reproductive Clinic over the weekend that it was exempt from the state's omnibus anti-abortion law.

A West Texas abortion provider could face disciplinary consequences for following the mistaken advice of the Texas Department of State Health Services, which wrongly informed Hilltop Women's Reproductive Clinic over the weekend that it was exempt from the state's omnibus anti-abortion law. Shutterstock

A West Texas abortion provider could face disciplinary consequences for following the mistaken advice of the Texas Department of State Health Services (DSHS), which wrongly informed Hilltop Women’s Reproductive Clinic over the weekend that it was exempt from the state’s omnibus anti-abortion law.

A spokesperson for DSHS told Rewire that it is “yet to be determined” whether DSHS will pursue action against Hilltop, which—under the advisement of the state health department—continued to provide abortion care to patients on October 3 and 4, after the Fifth Circuit Court of Appeals ruled that the State of Texas could begin enforcing HB 2.

The Hilltop clinic had received word from DSHS that it was exempt from the new law, and Hilltop continued to provide services through Saturday to patients who filled a “standing room only” waiting area.

DSHS spokesperson Christine Mann told Rewire on Tuesday that the department “made a mistake” in telling Hilltop that it could continue to provide abortion care.

“There are two abortion clinics in El Paso. We made a mistake and the names of the two clinics were transposed,” Mann said.

The confusion stems from a portion of the Fifth Circuit ruling that exempts Reproductive Services—a now-shuttered El Paso abortion provider that is a party to the current federal challenge to HB 2—from complying with certain parts of the law’s ambulatory surgical center regulation.

But because Hilltop Women’s Reproductive Services is not a plaintiff in the current lawsuit, the Fifth Circuit’s ruling cannot be applied to that clinic.

Hilltop did not immediately respond to inquiries from Rewire, but according to local news reports, the provider immediately stopped performing abortions at its El Paso clinic after the ruling was clarified, and calls to the clinic indicated that they are now directing abortion patients to their Santa Teresa, New Mexico, location.

Late Monday afternoon, DSHS released a “guidance” document declaring:

As of October 3, 2014, all abortion procedures must be performed in compliance with the requirements of HB2. Any procedures performed on or after that date are subject to the law, including scheduled procedures that may have been initiated by a provider prior to that date, but not yet performed until on or after October 3, 2014.

The El Paso Hilltop location, for now, is still open for non-abortion-related services.