Migrants will not lose health benefits, official says

The state attorney general said Hawaii will continue to provide health benefits for Micronesian migrants until a lawsuit on the issue is resolved.

Attorney General David Louie said Tuesday the migrants will receive uninterrupted access to health benefits while the suit is pending.

A federal appeals court ruled last week Hawaii isn’t required to fund Medicaid for migrants from three Pacific island nations in Micronesia to make up for reduced federal funding.

The ruling says Hawaii has no constitutional obligation to fill a gap left when Congress cut health care funding for the migrants.

The Compact of Free Association allows Palau, Marshall Islands and Federated States of Micronesia citizens to live and work in the U.S. In exchange, the U.S. military controls extensive land and water in the Pacific.

The 9th U.S. Circuit Court of Appeals panel’s decision affects 13,700 people.

"The state will make sure that COFA residents continue to have uninterrupted access to their health benefits while this lawsuit is pending," Louie said.

Honolulu attorney Paul Alston, who served as co-counsel representing the migrants, said last week that he plans to ask the 9th Circuit panel to rehear the case. If that doesn’t work, the group will request the entire 9th Circuit to hear the case "because we think the panel got it wrong."

If necessary, he said he will take it to the U.S. Supreme Court for review.

Migrants are currently able to get the same benefits as the rest of those on Medicaid, the government health insurance program for low-income people. The appellate court decision allowed for reducing benefits for migrants to four prescriptions a month and 12 doctor visits a year, Alston said.

Congress, as part of comprehensive welfare reform in 1996, cut health care funding for migrants covered under the COFA.

Hawaii opted to include COFA residents in its health insurance plans for many years. Gov. Linda Lingle’s administration attempted to reduce coverage in 2009 and 2010 because of fiscal challenges but was stopped both times by U.S. District Judge J. Michael Seabright, who handed down a preliminary injunction prohibiting the state from denying migrants full Medicaid benefits.