Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

INTRODUCTION OF THE
"PROTECTING CHILDREN'S HEALTH IN
SCHOOLS ACT OF 2006"

July 19, 2006

Helping children learn and be successful in life should be a priority for us, it is unfortunate the Bush Administration does not agree. This bill, the “Protecting Children's Health in Schools Act of 2006”, will stop the harmful Medicaid cuts proposed by the President so that disabled children can continue receiving the medical services they need in order to continue to learn in school. Without this bill, the Administration’s actions are placing children’s health and education in jeopardy by leaving the brunt of the burden on already stretched State education systems.

Since 1986 Federal Medicaid policy has explicitly recognized the essential nature of the link between Medicaid and health care for low-income children whose special healthcare needs make management of and access to treatment in school settings an imperative. Recent actions by the Administration, however, including audits and proposed regulatory cuts in payments to schools for providing healthcare services in the President’s FY2007 budget, have created an atmosphere of uncertainty about the continued ability of children with serious and chronic health conditions to get the health care they need that will allow them to attend school in mainstream, community settings.

Rather than discouraging the provision of health care in schools, the Administration should be providing extensive technical assistance to States to optimize children's opportunities to receive needed school-based health care. This would enable them to learn in community educational settings instead of being forced to remain at home, which is fully permitted under the current law. Close to seven million children currently receive education and related services through school districts ranging from assistive technology for students with hearing disabilities to personal aides for students with several developmental or physical disabilities. These services are determined, based on a student's medical needs, to be necessary for the "appropriate" education of that student.

This bill I am introducing with Representatives Whitfield, Miller, and many others, would set forward clear guidelines in the statute for providing and receiving reimbursement for this care, rather than put schools, families, and their disabled children, and States in a situation where they are uncertain whether or not these medically-necessary services and the related administrative and transportation costs will be covered under Medicaid. This legislation has the support of the American Association of School Administrators, the American Federation of Teachers, the National Education Association, the National Rural Education Advocacy Coalition, the Council of Great City Schools, and the National Association of State Directors of Special Education, among other organizations.

The Administration’s current moves and proposed budget cuts curtailing Medicaid coverage and provision of health services in schools endanger the health and educational opportunities for seven million children. This bill, in essence, maintains and protects current law coverage for children with special needs.

- 30 -

(Contact: Jodi Seth, 202-225-3641)