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Kaiser Daily Health Policy Report
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State Watch | Illinois Appellate Court Holds Up Temporary Injunction on Gov. Blagojevich's FamilyCare Expansion
[Sep 30, 2008]

      An Illinois appellate court on Friday ruled that Gov. Rod Blagojevich (D) did not have the authority to expand the state's FamilyCare program without approval from the General Assembly, the Chicago Tribune reports. The decision upholds an earlier ruling that Blagojevich's expansion plan was beyond his administrative powers. The judges said that Blagojevich's position that he can expand the program without approval from lawmakers "suffers from several flaws." According to court documents, the Blagojevich administration is unable to identify how many adults are enrolled in the program or how much money the state collects in premiums.

Lucio Guerrero, a spokesperson for Blagojevich, said that further court action could lead to tens of thousands of beneficiaries being dropped from the program, but added that no one would immediately lose coverage. He said that the administration is considering appealing the decision to the Illinois Supreme Court.

State Rep. John Fritchey (D) said, "This is a clear and predictable message to the governor that no matter how laudable the goal is, he is not a one-man legislature and he has to work in conjunction with the General Assembly to pass this kind of program" (Garcia, Chicago Tribune, 9/27).


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