Thread: Immigrant children's health benefits ordered restored-MD

http://www.baltimoresun.com/news/local/ ... -headlines

Immigrant children's health benefits ordered restored
Montgomery County judge's injunction reverses Medicaid cuts Ehrlich approved in June; lawsuit called policy discriminatory
By Kelly Brewington
Sun reporter
Originally published January 13, 2006

A Montgomery County circuit judge ordered the state yesterday to reinstate health care benefits for 13 immigrant children who sued the state claiming that the elimination of a Medicaid program was discriminatory.

"We're very pleased at the decision," said Regan Bailey, a Legal Aid attorney representing the plaintiffs, who are from Montgomery and Prince George's counties. "It now means that these kids who have been waiting for months ... will be able to get the testing and treatment they need.

The lawsuit alleged that the state discriminated against non-U.S. citizens when it cut a $7 million Medicaid program that provided coverage for pregnant women and children who are legal permanent residents. About 4,000 people statewide were affected.

In granting an injunction against the cuts yesterday, Judge Durke G. Thompson said the plaintiffs deserved coverage because their ailments required consistent treatment and that it would be the "appropriate enforcement of public policy" to reinstate the funds cut by Gov. Robert L. Ehrlich Jr. Thompson said the ruling did not determine whether cutting the program was unconstitutional, and the final decision on the legality of the cuts would be made at a later date. His decision reinstated their benefits retroactively to July 1.

Ehrlich eliminated the program in June, sparking an uproar among immigrant advocates, some legislators and his Democratic challengers in this year's governor's race, Baltimore Mayor Martin O'Malley and Montgomery County Executive Douglas M. Duncan.

A month later, noting a budget surplus of about $1 billion, Ehrlich restored $1.5 million to cover pregnant women enrolled in the program.

Advocates said Ehrlich's efforts weren't enough and in October filed the lawsuit on behalf of families of the 13 children, who they said represented thousands of vulnerable legal immigrants lacking health care.

Henry Fawell, an Ehrlich spokesman, declined to comment on the decision, saying a legal team was reviewing it.

One of the plaintiffs is a 16-year-old girl, originally from El Salvador, whose complications from West Nile virus cost her family more than $130,000 in medical bills, said Bailey.

"These are legal immigrants whose families have gone through tremendous hoops to come here legally," she said.

Bailey said she hopes Ehrlich will restore the funding. State legislators have filed a bill in the House of Delegates to require it.

"We think this decision is going to serve as legal precedent for everyone else whose benefits have been terminated," Bailey said.

this is the worst news of the day and yet another outrage- it's nice to see a lawyer ( the judge ) once again stick it to the american people