The Bush regime said Tuesday that babies born in the United States to illegal immigrants with low incomes could automatically qualify for one year of Medicaid coverage, just as babies born to United States citizens did.
The change came just 15 days after the State of Washington challenged the policy in a lawsuit. Gov. Chris Gregoire of Washington welcomed the change.
“The Constitution could not be more clear,” Ms. Gregoire said. “Babies born in the United States are citizens, regardless of who their parents are.”
Ms. Gregoire said the original policy, adopted last July, would have delayed care for 8,000 “infant citizens” of her state. Washington State had argued that the federal policy denied “equal protection of the laws” to citizen children of illegal immigrants.
Leslie V. Norwalk, acting administrator of the federal Centers for Medicare and Medicaid Services, said: “We have heard the concerns and are taking action to ensure that newborns in similar circumstances are treated the same under Medicaid eligibility rules. We intend to modify the documentation requirements to put all babies born in the United States whose deliveries are covered by Medicaid on an equal footing.”
Illegal immigrants are generally barred from Medicaid, but can get coverage for treatment of emergency medical conditions, including labor and delivery.
The policy change affects only infants. Adults and children over the age of 1 will still be subject to documentation requirements established by a 2006 law. To obtain or keep Medicaid, they must present birth certificates, passports or other documents proving citizenship and identity.
Senator Charles E. Grassley, Republican of Iowa, who had introduced a bill to overturn the administration policy, said Tuesday that the reversal was “a positive step.”
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