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Monday, February 20, 2012

Court: Social Security Beneficiaries Cannot Reject Right To Medicare Benefits.

The Hill Share to FacebookShare to Twitter (2/8, Pecquet) reports in its "Healthwatch" blog, "Americans who are eligible for Medicare benefits can't give them up, a federal appeals court ruled Tuesday. The unusual case was brought by five people who would prefer not to be on Medicare because their private insurer limits hospital coverage for customers who are entitled to the government health program." The plaintiffs, "who include former House Majority Leader Dick Armey (R-Texas), sued to stop their automatic enrollment into Medicare," but the court explained in its decision that the plaintiffs "seek a legal declaration that Medicare Part A benefits cannot be paid on their behalf" and concluded that the law "does not provide a mechanism for beneficiaries to opt out."
        The AP Share to FacebookShare to Twitter (2/8) reports, "'We understand plaintiffs' frustration with their insurance situation and appreciate their desire for better private insurance coverage,' Judge Brett Kavanaugh wrote in a majority opinion joined by Douglas Ginsburg, both Republican appointees. But they agreed with the Obama administration that the law says those over age 65 who enroll in Social Security are automatically entitled to Medicare Part A, which covers services including hospital, nursing home care, hospice and home health care." Meanwhile, attorney Kent Brown, "who argued the case for the plaintiffs, says they want to keep their Social Security because they believe they earned it, but none of them want Medicare Part A," and he vowed to appeal the ruling, calling it "outrageous" and contending that it was never intended by Congress to be unable to "decline Medicare Part A and not opt out of Social Security."

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