The six resident aliens who brought the suit are considering their next step, including an appeal to the state Supreme Court
Appellate Judge Ronald Graves in this 2010 Star-Ledger file photo. Graves was one of the judges to rule on the FamilyCare case.TRENTON — The Legislature did not overstep its authority by allowing the Department of Human Services to end a health insurance program for thousands of low-income legal resident aliens last year, a state appellate court panel ruled today.
In reaching its decision, the three-judge panel refused to reinstate or enroll nearly 12,000 to the state’s FamilyCare program. They were shut out of the free and low-cost health care because of a policy change last year reflecting the state’s ongoing budget woes.
The state would have been forced to put millions of dollars into the program to continue their health care coverage had the court ruled in favor of the Center for Social Justice at Seton Hall University’s School of Law, which brought the suit on behalf of six resident aliens affected by the change.
"Today’s decision recognizes the challenges inherent in allocating scarce fiscal resources and permits the state to continue operating the FamilyCare program in a manner assuring that payments for medical assistance do not exceed amounts appropriated by the Legislature," said Peter Aseltine, a spokesman for the state attorney general’s office.
The decision does not necessarily end the litigation, however. Jenny-Brooke Condon, an associate professor at the center for social justice, said her clients are considering their next step, including an appeal to the state Supreme Court.
"It’s a very disappointing decision that in our view really wrongly sanctions immigrant-based discrimination by the state in allocating public resources," Brooke-Condon said. "The effect of it is to single out hardworking lawful immigrants for denial of critical health care benefits solely because they are immigrants."
In 2005, the Legislature adopted the Family Health Care Coverage Act, which expanded health coverage for some children, pregnant women and low-income parents, guardians and others. In 2008, it expanded the coverage to include legal permanent residents ineligible for federal Medicaid, which barred enrollment for resident aliens in the country fewer than five years.
But last year, facing a huge budget shortfall, the state Department of Human Services discontinued the program for them.
A group of health care advocates, led by the New Jersey Appleseed Public Interest Law Center, contended the state could not end the program without hearing from the public or a legislative change.
"They unlawfully delegated that authority to the administration, resulting in a situation where the regulations governing the program are inconsistent with the statute governing eligibility,’’ said Renee Steinhagen, executive director of the New Jersey Appleseed. "This is not the way for policy decisions to be made."
The Legislature gave the Human Services Department the authority to change the program by altering the wording in the 2005 law that said it had to be "within the limits of funds appropriated or otherwise made available for the program,’’ Judge Carmen Messano wrote for the panel, which included Judges Philip Carchman and Ronald Graves.
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