ANNAPOLIS, MD (October 1, 2007) -- Maryland Governor Martin O’Malley today announced that the State of Maryland is joining a coalition of states to pursue legal challenges against new rules that effectively prevent states from expanding health coverage for children through the federal State Children’s Health Insurance Program (SCHIP).
The litigation alleges that rules issued in August by the Center for Medicare and Medicaid Services (CMS) exceed the statutory authority set forth in Title XXI of the Social Security Act. It also argues that the federal Administrative Procedures Act was violated because CMS implemented the new rules without an opportunity for public comment. The Act mandates that the public should be given notice and a chance to comment.
“The SCHIP program has enjoyed bipartisan support since its inception and it has provided millions of children access to needed health services including preventive services,” Governor O’Malley said. “These barriers imposed by the Bush Administration mortgage both the fiscal and health future of our nation.”
Maryland joins Arizona, California, Illinois, New Hampshire, New Jersey, New York and Washington in filing litigation. The complaint will be filed in federal district court for the Southern District of New York.
SCHIP reauthorization legislation recently passed by Congress would roll back these new rules, but President Bush has threatened to veto the bill.
“It is unconscionable to use children as political pawns,” said John M. Colmers, Secretary of the Department of Health and Mental Hygiene, the department that oversees SCHIP expenditures in Maryland. “A successful lawsuit will tear down the unreasonable barriers imposed by the leadership in Washington and will ensure a healthy foundation for America’s youth.”
The litigation seeks a judicial resolution that declares the rules to be unlawful and prohibits the federal government from applying the rules when reviewing individual state plans submitted under SCHIP.