WASHINGTON, D.C. – U.S. Rep. Kathy Castor (FL-14) led Florida Democrats in calling on Gov. Ron DeSantis and the State of Florida to provide health coverage to at least 43,000 children who rely on the Children’s Health Insurance Program (CHIP) - known as Florida KidCare - as the law requires. For over two years, DeSantis has illegally blocked enrollment in KidCare, in defiance of federal and state law.

“The bipartisan and unanimous approval of the KidCare expansion was meant to be a godsend to Florida children and their families, but Governor DeSantis’ refusal to follow federal law for two years has delayed the expansion, prevented 42,000 uninsured children from gaining coverage, and illegally ripped insurance away from at least 43,000 already eligible and enrolled children,” the lawmakers write. “In the Consolidated Appropriations Act, 2023 (CAA), Congress enacted legislation that requires state Medicaid and CHIP programs to provide 12 months of continuous eligibility for children under the age of 19. This protection went into effect over two years ago on January 1, 2024, with explicit directives for states to keep children continuously enrolled in Medicaid and CHIP for one year, with only two exceptions: the child reaches age 19, or the child ceases to be a resident of that state.”

Florida is the only state in the country to violate the thoughtful and cost-effective expansion of health coverage for children in accordance with 12-month continuous eligibility, denying families access to critical health care. During that time, Florida’s child uninsured rate has gotten worse and remains one of the highest in the nation, with more than 400,000 Florida children going without health insurance, according to the Georgetown Center for Children and Families. (See Florida Leaders Have Failed to Implement Bipartisan Plan Approved Over 2 Years Ago to Help Families Afford Health Insurance for Their Children – Center For Children and Families)

“Florida families are urgently waiting for Governor DeSantis to stop inflicting unnecessary harm and finally implement the bipartisan KidCare expansion,” the lawmakers concluded. “President Trump has expressed a commitment to protect the health and well-being of every American child, so we urge his Administration to immediately enforce the continuous eligibility law and work with the State of Florida to allow families access to affordable coverage.”

Rep. Castor has led Florida Democrats in holding the State accountable, calling for federal action in April 2024 on Gov. DeSantis’s illegal stripping of tens of thousands of Florida Kids of their health care. DeSantis and the State of Florida were also on the losing end of a federal court decision this week that took the state to task for failing Florida families under Medicaid, another rejection of the state’s callous treatment of Florida families.

Read the full letter to the Center for Medicaid and Medicare Services here and below:

Dear Administrator Oz and Director Brillman: 

As members of Florida’s congressional delegation, we write to encourage you to take every action to ensure that Florida’s kids have access to the health care they deserve. We applauded the Florida Legislature’s decisive 2023 action to expand eligibility for Florida’s Children’s Health Insurance Program (CHIP), known as KidCare. This expansion would allow children in families earning between 215% and 300% of the federal poverty level (FPL) – between about $60,000 to $80,000 for a family of three – to access health insurance with affordable premiums. The bipartisan and unanimous approval of the KidCare expansion was meant to be a godsend to Florida children and their families, but Governor DeSantis’ refusal to follow federal law for two years has delayed the expansion, prevented 42,000 uninsured children from gaining coverage, and illegally ripped insurance away from at least 43,000 already eligible and enrolled children.    

In the Consolidated Appropriations Act, 2023 (CAA), Congress enacted legislation that requires state Medicaid and CHIP programs to provide 12 months of continuous eligibility for children under the age of 19.  This protection went into effect over two years ago on January 1, 2024, with explicit directives for states to keep children continuously enrolled in Medicaid and CHIP for one year with only two exceptions: the child reaches age 19 or the child ceases to be a resident of that state. The Centers for Medicare and Medicaid Services (CMS) later released guidance to states outlining three more exceptions to the 12-month continuous eligibility protection that are critical to protecting program integrity: the child or guardian requests a voluntary termination, the State determines eligibility was erroneously granted, or the child is deceased.  Removal for non-payment of premiums is not on either list of exceptions. To clarify any ambiguity, CMS subsequently codified a regulation clarifying that there is no exception to continuous eligibility for non-payment of premiums in Medicaid or CHIP—the only exceptions are the five outlined above.

However, in February 2024, Governor DeSantis filed a lawsuit against CMS arguing that states should have the authority to terminate children’s health coverage for unpaid premiums. Florida is the only state in the nation brazenly defying federal protections and disenrolling insured children in families with incomes up to 215% of the FPL for non-payment of premiums. The lawsuit and the Governor’s refusal to follow the law not only caused 43,000 already eligible and lower-income children to improperly lose their health insurance but has prevented an estimated 43,000 children from gaining desperately needed coverage. Florida has 400,000 children who are currently without insurance, the second-highest number of uninsured children in the nation behind Texas, and the Governor’s intentional actions have only made this worse. This harmful approach is even more disturbing in light of the fact that Florida’s child uninsured rate jumped from 7.4 percent to 8.5 percent from 2023 to 2024 – one of the largest increases in the nation.   

Access to consistent health coverage is critical for children’s development and well-being, with research showing overwhelmingly positive effects on children’s health outcomes and their labor outcomes in adulthood. Continuous eligibility has protected millions of children who have been wrongfully disenrolled due to procedural or administrative reasons, and the new federal protection has benefited more than 17 million eligible children in states that previously didn’t have a 12-month continuous eligibility policy.  

Florida families are urgently waiting for Governor DeSantis to stop playing political games and finally implement the bipartisan KidCare expansion. President Trump has expressed a commitment to protect the health and well-being of every American child, so we urge his Administration to immediately enforce the continuous eligibility law and work with the State of Florida to allow families access to affordable coverage.