The Hill
(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
(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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