SCHIP Unborn Child Amendment Excluded from Law
The authorization for the State Children’s Health Insurance Program (SCHIP) for low-income children was set to expire March 1, 2009. Since 2002, a federal regulation has defined SCHIP coverage to include children from conception to birth, allowing states to provide prenatal care and other health services to the child and the child’s pregnant mother. Fourteen states have chosen this coverage option under the “unborn child rule.”
It is common to include successful regulations or waivers in reauthorizations. However, on January 29, during consideration of a bill to reauthorize SCHIP, the Senate voted, 39-yes, 59-no, to reject an amendment by Sen. Orrin Hatch (R-UT) to codify the unborn child rule in law. On February 4, President Obama signed the SCHIP bill into law.
The law states that nothing should be inferred “regarding the legality or illegality” of the unborn child rule. This places the unborn child option in an uncertain legal situation, subjecting it to rescission by any President or HHS Secretary.
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