10/14/2005
ANNAPOLIS, Md. (AP)- The Legal Aid Bureau notified the Ehrlich administration Thursday it will file a lawsuit on behalf of six children, including a 7-year-old boy with cancer, unless the state resumes providing health care for children and pregnant women who are legal immigrants.
Gov. Robert Ehrlich proposed cutting the Medicaid program to save $7 million in the budget he submitted to the legislature last January.
"For a paltry savings of $7 million out of an overall Medical Assistance budget of $4 billion, the state eliminated health care for these vulnerable legal immigrants who have lived in the country for fewer than five years," Regan Bailey, a Legal Aid Bureau attorney for the six children, said.
"Our claim largely is that this is a violation of the constitutional equal protection (rights) based on alienage, meaning citizenship," she said.
Henry Fawell, a spokesman for Ehrlich, said the administration would have no response to the Legal Aid Bureau notice of the potential lawsuit.
The state Department of Health and Mental Hygiene proposed eliminating the program for legal immigrants as part of its plan reduce its budget.
Since the budget cuts were approved, the Maryland economy improved and tax revenues increased dramatically, leaving the state with a surplus at the end of fiscal 2005 on June 30 of about $1 billion, including more than $600 million that had not already been set aside for the current budget.
Ehrlich has been under pressure from advocates for children and immigrants, Democrats and even some members of his own party to restore the $7 million now that the state's financial picture has improved.
Douglas Bregman, a second lawyer representing the children, said their need "for medical care is immediate and significant."
"One of them, a 7-year-old boy, has cancer, which is currently in remission. But his condition requires constant monitoring," Bregman said.
Bailey said the lawsuit could be filed as soon as Monday in Prince George's County Circuit Court if there is no response from the governor's office.
