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Prenatal Care: Revisions to SCHIP Extend Health Care to “Unborn Children”

Published online by Cambridge University Press:  01 January 2021

Extract

Effective November 1, 2002, the federal Department of Health and Human Services (DHHS) reclassified developing fetuses as “unborn children,” thereby providing health insurance benefits for prenatal care under the State Children's Health Insurance Program (SCHIP). By broadening the current definition of “child” —and thus expanding SCHIP insurance coverage — DHHS hopes to increase the number of low-income pregnant women who receive prenatal services. As noted by one commentator, the new rule represents the first time “any federal policy has defined childhood as beginning at conception.”

In an attempt to improve access to publicly funded health insurance for poor children not covered by Medicaid, Congress established SCHIP a 10-year, $40 billion program jointly funded by federal and state governments. Through a series of block grants, SCHIP allows states to either expand income-eligibility for their existing Medicaid program or to create a separate child health program to decrease the number of uninsured poor and near-poor children.

Type
Recent Developments in Health Law
Copyright
Copyright © American Society of Law, Medicine and Ethics 2003

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References

State Children's Health Insurance Program; Eligibility for Prenatal Care and Other Health Services for Unborn Children, 67 Fed. Reg. 61,956 (October 2, 2002) (to be codified at 42 C.F.R. pt. 457).Google Scholar
Goldstein, A., “Bush to Extend Health Care Benefits to Fetuses: New Rule Stirs Abortion Debate,” Washington Post, September 28, 2002, at A04, available at <http://www.washingtonpost.com/ac2/wp-dyn/A13562-2002Sep27?language=printer>..>Google Scholar
Bessette, S., Missouri's Child Health Insurance Program to Receive Federal Windfall, Missouri Digital News (September 25, 2000), at <http://www.mdn.org/2000/STORIES/MOHEALTH.HTM>.Google Scholar
See 42 C.F.R. §§ 457.1, 457.70 (2003).Google Scholar
See 42 C.F.R. §§ 457.1, 457.10, 457.30, 457.50, 457.150 (2003).CrossRefGoogle Scholar
State Children's Health Insurance Program; Eligibility for Prenatal Care and Other Health Services for Unborn Children, 67 Fed. Reg. at 61,956.Google Scholar
See id. at 61,966; Michelman, K., Bush Administration Rule to Make “Unborn Children” Eligible for SCHIP — Part of Stealth Campaign to Undermine Abortion Rights, National Abortion and Reproductive Rights League (October 3, 2002), available at <http://www.naral.org/mediaresources/fact/schip_memo.html>.Google Scholar
See State Children's Health Insurance Program; Eligibility for Prenatal Care and Other Health Services for Unborn Children, 67 Fed. Reg. at 61,966 (discussing the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, H.R. 3734, 104th Cong. (1996)).Google Scholar
Goldstein, , supra note 2, at A04.Google Scholar
State Children's Health Insurance Program; Eligibility for Prenatal Care and Other Health Services for Unborn Children, 67 Fed. Reg. at 61,961.Google Scholar
Id. at 61,957, 61,960.Google Scholar
Goldstein, , supra note 2, at A04.Google Scholar
Id. at 1–2.Google Scholar
Id. at 2–3.Google Scholar
Id. (discussing Roe v. Wade, 410 U.S. 113 (1973)).Google Scholar
Letter from Laura W. Murphy, Director, Washington National Office, ACLU, to Thomas A. Scully, Administrator, Centers for Medicare & Medicaid Services, Department of Health and Human Services (May 6, 2002), available at <http://www.aclu.org/ReproductiveRights/ReproductiveRights.cfm?ID=10313&c=30>..>Google Scholar
Goldstein, , supra note 2, at A04.Google Scholar