Tuesday, October 02, 2007
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Gov. Blagojevich joins seven other governors in lawsuit to secure health insurance for children          Send a link to a friend

Lawsuit challenges new federal SCHIP eligibility guidelines that limit states' flexibility to cover children

[October 02, 2007]  SPRINGFIELD -- In a continued effort to ensure all children in Illinois have access to affordable health care, Gov. Rod R. Blagojevich announced Tuesday that he is joining governors from across the country in pursuing a multistate legal challenge to eligibility guidelines for the new federal State Children's Health Insurance Program. The eight-state action was triggered in August when the federal Centers for Medicare and Medicaid Services imposed new eligibility rules that block states from expanding their children's health insurance programs. New York, Arizona, California, Illinois, Maryland, New Jersey, New Hampshire and Washington will participate in litigation against the Bush administration.

"Regardless of political affiliation, most of us agree that every child deserves a chance to see a doctor and get the medical care they need," said Blagojevich. "In Illinois, we became the first state to make sure that all kids have access to health care their parents can afford. And while we've taken the lead at the state level in implementing a program that meets the needs of Illinois' families, the federal government has an obligation to these same families. For years, SCHIP has been a key component of the federal government's response to the growing health care crisis in our country. If the Bush administration ignores its responsibility to our children, despite Congress' overwhelming support for an expanded and flexible SCHIP, we're prepared to join with other states in asking the courts to intervene."

The lawsuit will specifically challenge the rules that conflict with the SCHIP statute and were issued without an opportunity for public comment as required by the federal Administrative Procedures Act. The states are seeking a ruling from the court declaring those rules to be unlawful and prohibiting the federal government from applying the guidelines when reviewing individual state plans submitted under SCHIP.

"With the health of our nation's children hanging in the balance, President Bush is preparing to veto a bipartisan compromise that Congress has forged to ensure that all of this nation's children are assured quality health care," said New York Gov. Eliot Spitzer. "I call upon the president to reconsider and sign the bill Congress has sent him. If he insists on denying our nation's children with a healthy start in life by vetoing the bill, Congress must override the veto. If this bill does not become law, we will proceed with our lawsuit. Our kids deserve nothing less."

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Blagojevich has been working with the Illinois delegation, as well as other governors, to ensure that funding continues for the SCHIP program, which has helped to provide health care for over 316,000 Illinois children since inception.

Congress created SCHIP in 1997 as a bipartisan approach to address the growing number of children without health insurance in America. According to the Congressional Research Service, however, 40 states now have expenditures greater than their federal SCHIP allotment per year, and at least 14 states faced federal matching shortfalls for fiscal 2007.

In January, the Kaiser Commission on Medicaid and the Uninsured, one of the nation's most respected independent health policy research organizations, released a report crediting Blagojevich's administration for sparking a national movement to provide health care to all children. Over the last year, Pennsylvania and Massachusetts have followed Illinois' lead to provide health care to more uninsured children, and California Gov. Arnold Schwarzenegger has announced his proposal to do the same.

In November 2005, the governor signed the All Kids program into law, making health care affordable for the families of every uninsured child in the state. All Kids made Illinois the first state in the nation to offer affordable, comprehensive health coverage to every uninsured child. Under Blagojevich, the state has provided health coverage to more than 360,000 children.

[Text from file received from the Illinois Office of Communication and Information]

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