Elliot Spitzer is reviewing whether to file suit against Bush’s executive order gutting the SCHIP (State Children’s Health Insurance Program)program.

Good for him.

Bush opposes SCHIP because he’s afraid that it works too well, and it might therefore harm the bottom line of his insurance company donors.

GOVERNOR SPITZER LAUNCHES EFFORT TO PROTECT HEALTH CARE FOR ALL NEW YORK CHILDREN
State Considering Legal Challenge Congressman Rangel Urges Delegation to Stand United

Governor Eliot Spitzer today launched an effort to reverse new federal rules that will impede New York’s groundbreaking efforts to insure every child. He announced that New York will consider fighting the matter in court. Joined by Congressman Charles B. Rangel, the Governor called on President Bush to approve a plan New York has submitted that will make health insurance available to nearly 400,000 uninsured children.

The Governor and the Congressman met with State Health Commissioner Richard Daines, M.D. to discuss a recent administrative action initiated by the federal Centers for Medicare and Medicaid Services (CMS) that will curtail New York’s effort to insure every child in the state, result in more uninsured children across the nation, and roll back Congressional measures allowing individual states the flexibility to address their specific needs.

The new federal rules announced August 17th governing the expansion of state plans under the federal State Children’s Health Insurance Program (SCHIP) block New York’s legislatively approved expansion of children’s health insurance, as well as roll back expansions or pending plans in 17 other states and the District of Columbia.

Governor Spitzer announced that the state may fight the new federal administrative rules in court on the grounds that they contradict the provisions of the federal SCHIP law and were imposed without notice or the required comment period as required by the federal Administrative Procedures Act.

“We are calling on President Bush to abolish these troublesome roadblocks to insuring our nation’s children,” said Governor Spitzer. “The President should invest in the health of America’s children and allow states like New York, and nearly 20 others, to implement programs that will help ensure that more and more children receive the healthy beginning they deserve.”

Lieutenant Governor David Paterson said: “Our fight on behalf of New York’s children is a reflection of the values that are at the core of Governor Spitzer’s ‘Patient First’ health care agenda. Providing quality health care for our state’s children is not an issue that should be cloaked in politics, but rather a common sense policy that should be promoted and embraced.”

Congressman Rangel, Chairman of the House Ways and Means Committee, has championed legislation expanding access to health care for children, and has pledged his support for New York’s initiative and similar efforts underway in other states to expand coverage for uninsured children. He said: “Flexibility has been the cornerstone of SCHIP’s past success, allowing states to design their programs based on local needs, values, and economics. So if we allow local adjustments in federal subsidies like housing or Medicare, why wouldn’t we do so in safeguarding the health of our youngest generation? Democrats in New York are united in our efforts to expand health insurance to more than 11 million children here and around the nation. And you can be sure that we are committed to turning back anything that handicaps that effort.”

In April, New York State filed a State Plan Amendment with CMS, seeking federal approval to expand the income eligibility for its Child Health Plus program from the current maximum of 250 percent of the federal poverty level (FPL), about $43,000 for a family of three, to 400 percent of the FPL, about $68,000 for the same family. The change would extend eligibility to an additional 60,000 uninsured children, the cost of the monthly premium would increase based on a family’s income level.

With the expansion, virtually all children in New York State would have access to affordable health insurance through a combination of Medicaid, Child Health Plus, and private commercial insurance. The initiative is a key piece of the Governor’s health reform agenda and is the first step in the Governor’s “Partnership for Coverage” initiative to expand access to health insurance for all New Yorkers through an incremental, building block approach.

State Health Commissioner Richard Daines, M.D. said: “New York’s Child Health Plus Program opens the door to a lifetime of good health. It all starts with coverage and access to childhood immunizations, early developmental screenings, and continuity of care.”

State health officials are continuing efforts to aggressively reach out and enroll all those children who are eligible under the federal requirements.