On September 27, the Department of Health and Human Services (HHS) announced final approval of a rule to allow states to cover an eligible “unborn child” under the State Children’s Insurance Health Program (S-CHIP).

The new rule allows states to recognize an unborn child as a “child” eligible for services under the program, which provides medical assistance for low-income children under age 19. However, states will now have to decide whether to add unborn children to their programs.

Health and Human Services Secretary Tommy Thompson explained, “It represents a speedy new option for states that want to do more to ensure that women get critical prenatal care that will increase the chances that their children are born healthy.’’

“This action by the Bush Administration means that many unborn children, and their mothers as well, are now eligible to receive proper pre-natal care as part of this children’s health program,” commented NRLC Legislative Director Douglas Johnson. But he asked, “Will pro-abortion politicians in some states cave in to pressure from pro-abortion groups who insist there is no such thing as an unborn child, and so deny this aid to mothers and their babies?”

This policy was first proposed over a year ago in a draft letter to state officials from Dennis Smith at the Health Care Financing Administration. (See the Lifesaver, August 2001) The policy was quickly attacked by Planned Parenthood and other pro-abortion groups as a backdoor attempt to define personhood for the unborn. The final regulation was proposed in January of this year and received an astounding 7,783 comments, with abortion advocates arguing that the Bush Administration was trying to establish independent rights for the unborn child as a step toward abolishing abortion. In response, HHS noted that government benefits for the unborn are not new; unborn children have previously been eligible for welfare benefits and for Medicaid, which allows for prenatal care.

Published in VSHL Lifesaver, October 2002