Florida is continuing to “callously” strip healthcare coverage from thousands of children in lower-income households in defiance of a new federal law intended to protect them.

Since 1 January, more than 22,500 children have been disenrolled from Florida KidCare, its version of the Children’s Health Insurance Program (Chip) that is jointly subsidized by states and the US government for families with earnings just above the threshold for Medicaid.

Florida healthcare officials admit at least some were removed for non-payment of premiums, an action prohibited by the “continuous eligibility” clause of the 2023 Consolidated Appropriations Act that took effect at the beginning of this year. The clause secures 12 months of cover if at least one premium payment is made.

Last week, the administration of Republican governor Ron DeSantis challenged the rule in federal court Tampa, arguing it makes Chip an entitlement program that illegally overrides a state law requiring monthly payment of premiums.

But it has chosen not to wait for a ruling before continuing to separate children from coverage. Figures from the Florida Health Justice Project show there were 5,552 removals in the month to 1 April, following 5,097 in March, 5,147 in February, and 6,780 in January.

Florida argues the numbers include children aging out or moving into other coverage, and that “disenrollment has been consistent at this level for years”. Notably, the monthly average so far this year is more than 1,500 higher than the whole of 2023.