In the heart of Tallahassee, Florida, a significant battle is underway. Rep. Fentrice Driskell, the Democratic leader of the Florida House of Representatives, is passionately advocating for the expansion of the Florida KidCare program. Her efforts are aimed at ensuring that more families have access to affordable healthcare for their children.

Urging Action on KidCare Expansion

In a powerful letter, Driskell called on Gov. Ron DeSantis and Agency for Health Care Administration (AHCA) Secretary Jason Weida to take immediate action. The Florida KidCare program was approved by the Centers for Medicare & Medicaid Services (CMS) on Dec. 2, yet the state has been slow to implement it. This delay is deeply concerning, as it denies healthcare to an estimated 42,000 children. Driskell criticized the state's inaction, stating that it is both irresponsible and indefensible.The waiver extended eligibility to families earning up to 300% of the federal poverty level, as mandated by HB 121. Passed unanimously nearly a year ago, this expansion was a crucial step in providing healthcare to more families. However, the state's refusal to implement the waiver has been a major setback. Driskell cited claims that CMS should defer to the incoming Trump administration, but she argued that this reasoning is disingenuous. AHCA has a history of requesting federal waivers during politically convenient moments, and this delay is not in the best interest of Florida's children.Driskell also emphasized the importance of dropping the ongoing lawsuit challenging federal protections that require 12 months of continuous coverage for children in the Children's Health Insurance Program. Since January, about 5,000 children per month have lost coverage due to non-payment of premiums. Florida is the only state to reject this 12-month continuous enrollment requirement, which took effect on Jan. 1.

Legal Challenges and Their Impact

The delay in implementing the KidCare expansion is primarily due to the state's legal challenges to federal guidelines. These guidelines prevent states from canceling coverage for nonpayment of premiums during a 12-month eligibility period. The state's lawsuit, filed in February, claimed that these requirements violate the Administrative Procedure Act and jeopardize the program's financial stability. The program relies in part on family premium payments, and the lawsuit argued that these requirements put an undue burden on families.In May, U.S. District Judge William Jung dismissed the lawsuit, ruling that Florida must address its concerns through an administrative challenge with CMS rather than federal court. However, the state has since appealed to the 11th U.S. Circuit Court of Appeals in Atlanta and has not yet outlined its arguments. This ongoing legal battle is causing uncertainty and further delaying the implementation of the KidCare expansion.

Impact on Children's Health

Driskell's concerns were echoed by U.S. Rep. Kathy Castor, who criticized the governor's inaction. She stated that it is cruel and short-sighted for Gov. DeSantis to deprive Florida children of the doctor visits and health services they need to stay healthy. Our taxpayer dollars are better spent providing children with healthcare rather than litigating to deny it. Driskell wrote that the lawsuit is unjustifiable and callous, and she emphasized that Florida, as the only state fighting the federal rule, risks jeopardizing children's healthcare nationwide if its legal theory succeeds.Driskell also referred to Florida's legacy as a leader in children's health policy. In 1992, KidCare was created as a model for the national CHIP program. Ensuring that children have access to adequate and affordable healthcare should not be a partisan issue, she wrote. She urged immediate implementation of HB 121, compliance with federal law, and an end to partisan delays that harm Florida's children.Florida has a responsibility to provide healthcare for its children, and the delay in implementing the KidCare expansion is a disservice to the state's most vulnerable population. Driskell's efforts and the ongoing debate highlight the importance of addressing this issue and ensuring that every child in Florida has access to the healthcare they deserve.