Eight States Plan Lawsuit Against Bush Administration over SCHIP

New York Illinois, Maryland, New Jersey, Washington, Arizona, California and New Hampshire will participate in litigation, either as plaintiffs or by filing supporting briefs, against the Bush Administration for violating the provisions of the State Children's Health Insurance Program - SCHIP- statute.

New York State Governor, Elliot Spitzer made the announcement and gave the following reasons for the action.

The law suit is being initiated because of action back in August when the federal Center for Medicare and Medicaid Services (CMS) arbitrarily imposed new rules that block states from expanding their children's health insurance programs. The bill that was passed by Congress last week would reverse this court ruling and the President has said he would veto the bill.

The lawsuit will challenge the rules that are in conflict with the SCHIP statute. The rules were put in places without the opportunity for the public to comment. This is required by the federal Administrative Procedures Act. The states are seeking a court ruling declaring those rules to be unlawful and thereby prohibit the federal government from applying the rules when they begin the process of reviewing individual state plans submitted under SCHIP.

Governor Spitzer went on to say that President Bush is planing to veto a bill that had strong bi partisan support while the health of the children is hanging in the balance. And the states will procede with the law suite if the bill does not become law.

Governor Chris Gregoire of Washington State commented that taking proper care of the children not only makes good economic sense, but it is the right thing to do.

Governor Martin O'Malley of Maryland said: that the Bush Administration has mortgaged both the fiscal and health future of the nation.