U.S. District Judge J. Michael Seabright granted a temporary restraining order preventing the state from instituting a new, limited health insurance program intended to save $15 million. The new health program was scheduled to start Tuesday.
On Guam, Sen. Frank Blas Jr. and other government officials met to discuss the federal judge’s temporary restraining order.
Blas told Variety that he spoke to Congresswoman Madeleine Z. Bordallo’s chief of staff, John Whitt, about the issue and how it could affect Guam if such cuts to Hawaii’s healthcare funding were to happen.
Guam leaders are concerned about the possible migration of freely associated states citizens to Guam, which will sorely tax the already ailing healthcare system here.
Blas suggested that Bordallo speak to Hawaii Congressman Neil Abercrombie about his amendment in which the federal government will cover $15 million in Medicaid costs for migrants which should assist the state in recouping some of the $100 million plus in state funding shouldered every year for services to Freely Associated State citizens residing in Hawaii.
Abercrombie’s amendment was included in President Obama’s health care reform bill.
Relief
Seabright prevented the new plan, called Basic Health Hawaii, from taking effect because its implementation may have violated due process rights guaranteed in the U.S. Constitution.
“It appears the state made a unilateral decision to decrease benefits with little or no notice,” Seabright said.
The decision came as a relief to migrants from Micronesia, Palau and the Marshall Islands who argue the U.S. and the state were not living up to a health obligation promised after U.S. nuclear weapons tests on Pacific islands more than a half-century ago.
The ruling keeps in place broad health coverage for dialysis, chemotherapy, prescription drugs and doctor visits.
Very happy
“I’m very happy,” said Philip Anungar, a Marshall Islands migrant with diabetes who attended the court hearing. “The judge’s decision means we’ll go back to what we had before.”
“The ruling is a tremendous improvement over what the state was planning to do,” said the migrants’ attorney, Paul Alston. “They’re going to get a lot more benefits.”
Hawaii government officials declined to comment following the hearing. Department of Human Services Director Lillian Koller will review the restraining order with state attorneys Wednesday, said a spokeswoman for the department.
Seabright didn’t decide whether the new plan violated constitutional guarantees of equal rights for all legal U.S. residents. (With AP)
