Federal Court Likely to Enjoin Rule Requiring 500,000 Foster Children in Medicaid to Document Citizenship

Judge Indicates He Is Likely to Protect Foster Children Who Were at Risk of Becoming Uninsured

WASHINGTON, D.C. – The following is the statement of Ron Pollack, Executive Director of Families USA, regarding today’s Federal District Court decision in Chicago concerning provisions of the Deficit Reduction Act that require documentary proof of citizenship to retain or establish eligibility for Medicaid coverage:

“Today’s preliminary decision by the court makes clear that it is likely to invalidate the Medicaid citizenship documentation rules applicable to approximately 500,000 low-income foster children who are at risk of joining the ranks of the uninsured. This would provide a welcomed reprieve to very needy children.

“However, without ruling on the merits of the claim brought on behalf of the other 40 million low-income people who depend on Medicaid, the judge dismissed the lawsuit based on the court’s view of plaintiffs’ standing to sue.

“This new law, if not ultimately overruled, will produce a tragic irony: In its zeal to politically pander and appear tough on illegal immigrants, Congress enacted this law that will cause millions of low-income American children and families to lose Medicaid coverage.

“In addition to foster children whose foster parents do not have original birth certificates, the people at greatest risk under this law are people not born in hospitals, victims of natural disasters whose citizenship documentation has been destroyed, the homeless, and people with mental and physical disabilities who receive no other public assistance.

“This law is as unnecessary as it is harmful. For years, federal law barred illegal immigrants, and legal immigrants living in the country for less than five years, from participating in Medicaid. States were already requiring documentation of people suspected of being ineligible due to immigration status. As a result, this dragnet law affects only low-income people who are indisputably U.S. citizens.

“We call upon the Congress to repeal this law without the necessity of further court proceedings.” 

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Families USA is the national organization for health care consumers. It is nonprofit and nonpartisan and advocates for high-quality, affordable health care for all Americans.

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