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Monday, April 21, 2008
SCHIP Rules Imposed in 2007 Violated Law
The Government Accountability Office and the Congressional Research Service have concluded that rule changes imposed by the Bush administration on the State Children's Health Insurance Program (SCHIP) in 2007 violated federal law: BNA reports:
In legal opinions released April 18, the Government Accountability Office and the Congressional Research Service said the SCHIP guidance is a rule for purposes of the Congressional Review Act (CRA) and so violates statutory requirements for congressional notice and review.
The Congressional Review Act was passed in 1996 and serves to keep Congress informed of rulemaking activities at federal agencies and makes sure those rules are submitted to Congress and the Comptroller General before they take effect. In this case, the SCHIP rules were published and used to deny a request by New York State to expand its SCHIP coverage to children from higher-income families (up to 250 percent of poverty, or $44,000 for a family of 3).
Unfortunately, $44,000 isn't a lot of money for a family of three in many parts of New York State, particularly NYC. Come to think of it, that isn't a lot of money for a family of three in many parts of the United States. Considering the prices of health care these days, restricting access to SCHIP for families in NY was an unfortunately decision from the Bush administration. This latest development gives some hope that it can be overturned.
Read the Opinions:
GAO Opinion
CRS Opinion
Posted by Adam Hughes
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