Senators override veto of low-income prenatal care program

Senators voted April 18 to override a gubernatorial veto of a bill that will establish a program to offer prenatal services to low-income women in Nebraska regardless of immigration status.

Under LB599, introduced by Lincoln Sen. Kathy Campbell, the state Department of Health and Human Services is required to establish a program under the Children’s Health Insurance Program (CHIP) solely for the unborn children of mothers who are ineligible for coverage under Medicaid.

Eligibility for service will be determined using an income budgetary methodology of no greater than 185 percent of the federal poverty guideline.

The bill requires the department, within 30 days of passage of LB599, to seek federal approval of a state plan amendment or waiver for Nebraska’s program.

Senators had passed LB599 April 11 on a 31-15 vote and the bill subsequently was vetoed by Gov. Dave Heineman.

In his veto message, the governor said he opposed the bill because it would provide prenatal care to illegal immigrants at the expense of Nebraska taxpayers. He said the annual $2.5 million cost to fund the program should be spent on other state priorities.

The governor also expressed concern that the bill would make Nebraska a “sanctuary” for illegal immigrants seeking prenatal care.

“LB599 would utilize … state and federal tax dollars to provide free prenatal care to illegal immigrants who are knowingly and willingly breaking both the immigration and employment laws,” Heineman said. “This is wrong and fundamentally unfair.”

Campbell said tax dollars would be expended regardless of the bill’s passage, but that LB599 would ensure that future Nebraska citizens would be born healthy and could help prevent costly stays in neo-natal intensive care units.

Omaha Sen. Jeremy Nordquist supported the override motion, calling the bill a “moral imperative.” He said unborn children – not illegal immigrant parents – would suffer if the veto were sustained.

“I think the injustice is that when prenatal care is denied we know that it’s the baby that bears the full cost of that decision,” he said. “That is the injustice that this bill will correct.”

Lincoln Sen. Tony Fulton opposed the override motion, saying charities and religious organizations have filled the need sufficiently since suspension of the state’s prenatal program two years ago. Those organizations should be encouraged to continue in that role, he said, rather than using taxpayer funding.

“I think there is an opportunity here for the faith community and the private sector to step up,” he said.

Lawmakers voted 30-16 to override the governor’s veto and enact LB599 into law. Thirty votes are needed to override a veto.