New Mexico to Support New York Lawsuit Against Bush Administration on Children’s Health Care

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Lawsuit Challenges Administration’s Effort to Limit State’s Flexibility

October 4, 2007 -- SANTA FE - New Mexico Governor Bill Richardson joined in strong support of the state of New York’s lawsuit filed today to challenge the Bush Administration’s efforts to impede states’ ability to decide the best way to provide health care coverage for children. The state of New Mexico, represented by the Office of the Governor and the Attorney General, will file an ‘amicus curiae’ or friend of the court brief in support of New York’s lawsuit to protect state’s flexibility in the State Children’s Health Insurance Program (SCHIP).

“States know the health care needs of their children and it is states that can best decide how to meet those needs,” stated Governor Bill Richardson. “The State Children’s Health Insurance Program has allowed New Mexico the flexibility necessary to provide health insurance to low-income children, and we will not sit idly by while the Bush Administration arbitrarily changes the rules. Important state interests are at stake. ”

The litigation filed today challenges rules issued by the Bush Administration on August 17 on grounds that they impermissibly conflict with the SCHIP statute and were unlawfully issued without an opportunity for public comment as required by the federal Administrative Procedure Act. The states of New York, New Mexico and others are asking the court to declare that the rules are unlawful and to prohibit the Centers for Medicare and Medicaid Services (CMS) from applying the rules when reviewing individual state plans submitted under SCHIP.

“My office will work with the Governor to explore all legal measures available to help protect the interests of New Mexico children who do not have access to affordable health insurance,” stated Attorney General Gary King.

The legislation recently passed by Congress but vetoed by President Bush would have ensured that states have that flexibility. President Bush's veto of the reauthorization will jeopardize the insurance coverage for more than 19,000 low-income New Mexican children and blocks an opportunity to provide health insurance to up to another 11,000 disadvantaged children.

Source: New Mexico Governor