[Federal Register Volume 74, Number 24 (Friday, February 6, 2009)]
[Presidential Documents]
[Pages 6347-6348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2721]


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  Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / 
Presidential Documents  

[[Page 6347]]


                Memorandum of February 4, 2009

                
State Children's Health Insurance Program

                Memorandum for the Secretary of Health And Human 
                Services

                The State Children's Health Insurance Program (SCHIP) 
                encourages States to provide health coverage for 
                uninsured children in families whose incomes are too 
                high to qualify for Medicaid but too low to afford 
                private insurance. Since 1997, when SCHIP was enacted, 
                States have had the authority to set their SCHIP income 
                eligibility levels, subject to available funding. In 
                recent years, as the cost of private insurance has 
                increased, States have raised eligibility levels to 
                offer health care coverage to more families, with 
                families paying a share of the cost based on their 
                income.

                 On August 17, 2007, the Centers for Medicare & 
                Medicaid Services (CMS) issued a letter to State health 
                officials limiting the flexibility of States to set 
                income eligibility standards for their SCHIP programs. 
                On May 7, 2008, CMS issued a subsequent letter 
                restating the policy set forth in the August 17, 2007, 
                letter.

                 The August 17, 2007, letter imposes additional 
                requirements that States must meet in order to cover 
                children under SCHIP plans, including plans that CMS 
                had previously approved. These requirements have 
                limited coverage under several State plans that 
                otherwise would have covered additional, uninsured 
                children. As a result, tens of thousands of children 
                have been denied health care coverage. Unless the 
                August 17, 2007, letter is withdrawn, many more 
                children will be denied coverage.

                 By this memorandum, I request that you immediately 
                withdraw the August 17, 2007, and May 7, 2008, letters 
                to State health officials and implement SCHIP without 
                the requirements imposed by those letters.

[[Page 6348]]

                 This memorandum does not create any right or benefit, 
                substantive or procedural, enforceable at law or in 
                equity by any party against the United States, its 
                departments, agencies, or entities, its officers, 
                employees, or agents, or any other person.

                 You are hereby authorized and directed to publish this 
                memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, February 4, 2009

[FR Doc. E9-2721
Filed 2-5-09; 12:00 pm]
Billing code 4110-60-P