Memorandum: Treatment of children with pre-existing conditions under the Patient Protection and Affordable Care Act (P.L. 111-148)
This memorandum, authored by Sara Rosenbaum, J.D., of The George Washington University Medical Center's School of Public Health and Health Services, provides perspective on language in the new health reform law that intends to eliminate pre-existing condition exclusions for children. The memo concludes that there is “strong evidence of Congressional intent” to extend coverage to children with pre-existing conditions in the near-term.
In addition, Professor Rosenbaum argues that the United States Department of Health and Human Services would be “acting well within its administrative authority” to interpret the legislation as establishing broad protections.
President Obama and Congressional leaders publically stated that the “pre-existing condition exclusion” will apply to both a child's access to a plan and his or her benefits once that child is in the plan, starting 6 months from enactment into law. However, in the days following the law’s enactment, the health insurance industry has articulated its belief that the law does not require them to offer insurance for a child with a pre-existing condition who is currently uninsured. This would even apply to newborns with pre-existing conditions, as they are born without health insurance.
This analysis was commissioned by First Focus.
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