Breaking the Law to Keep Kids Sick?

Last month, the Bush administration issued state government new restrictions on providing children's health insurance via threatening emails sent on a late Friday evening.

And this past Friday, the Bushies used those restrictions to deny New York State the ability to cover more of its uninsured kids. [1]

Sorry kids. No doctors for you.

Except for one thing. It appears the Bush administration, once again, was ignoring the law.

CQ (sub. req'd) reports: [2]

...some legal experts say the instructions are illegal.

The regulations in the letter were not subject to official notice or comment periods, which are required for formal administrative rulemaking. In an opinion provided to congressional Democrats, the chairwoman of George Washington University’s health policy department, Sara Rosenbaum, said the administration’s Aug. 17 letter appears to lack “the force and effect of law and should be set aside.”

On top of that, according to CQ, "Democrats say they also will include language in the SCHIP [State Children's Health Insurance Program] renewal, in a temporary extension of the program, should it be necessary, or in other legislation that will nullify the Aug. 17 regulations that the administration issued."

That may well be a bill with veto-proof support.

Though even then, the question will remain if the Bush administration will continue breaking the law to keep kids sick.