In a tough opinion, New Jersey’s federal District Court Judge Pisano tossed out New Jersey’s challenge to the Bush Administration’s letter ruling, issued on August 17, 2007, that limited the State’s Child Health Insurance Program (SCHIP). The Court agreed with the Bush Administration’s arguments that the case was not yet ripe for for judicial review because the federal government had yet to sanction New Jersey’s SCHIP program, which offers coverage to children who live in families with incomes that are up to 350% of the federal poverty level.  View the decision here: NJ decision. Congress voted to overrule the Bush Administration’s August 17 letter after it was issued, but was unable to muster a veto-proof majority.  Congress is considering new action in the coming session. Oral argument will be heard in New York State’s SCHIP case this Thursday, November 20, 2008.

In other coverage news, New York Medicaid Director Deborah Bachrach reacted to CSS’s election eve poll (see 11/13/08  entry) in today’s issue of Crain’s Health Pulse. “I would suggest if we don’t come to terms with [health] reform in an economic recession, shame on us,” said Bachrach.