Senate Finance Committee Chairman Max Baucus (D-Mont.) along with Healthcare Subcommittee Chairman Jay Rockefeller, IV (D-W.Va.) are rallying support for halting the implementation of the August 17, 2007 Department of Health and Human Services policy that would make it harder for states to expand State Children's Health Insurance Program (SCHIP) coverage.
The Senators on July 17, 2008 authored a joint resolution of the Congress (S.J.Res. 44) that would nullify the directive through the Congressional Review Act. It has been sponsored by 41 Senators.
The August 17 directive to state health officials, released by CMS, states that any state wanting to enroll children in the SCHIP from families earning more than 250 percent of the federal poverty level ($44,000 for a family of three in 2008) has to first prove that it covered 95 percent of children in families earning less than 200 percent of the federal poverty level ($35,200 for a family of three in 2008), amongst other requirements.
Rockefeller said the directive violates the spirit of the program. Baucus added that the rule is inconsistent with current law. Both Senators said that the directive will make it harder for states to expand health coverage just when the economy is in a decline.
The Government Accountability Office issued a report in April stating that the directive is in fact a rule for purposes of the Congressional Review Act and, therefore, violates the statutory requirements for Congressional notice and review. The directive is set to go into effect in August.
Source: CCH Washington Bureau, July 18, 2008.
For more information on this and related topics, consult the CCH® Medicare and Medicaid Guide.
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