Monday, October 5, 2009

Court Case Seeks to Let Seniors Opt Out of Medicare

THEY'RE TIRED OF BEING HOG-TIED BY THE FEDERAL GOVERNMENT

From Monday's WSJ: A lawsuit challenging federal coercion in your choice of health care should be of great interest to us all:

A centerpiece of the debate over ObamaCare is government coercion and the right to choose a health-care plan. So it's worth watching a lawsuit now making its way through the federal courts that seeks to let seniors keep their Social Security benefits even if they reject Medicare. This could be a big deal.

Last week, Washington D.C. District Judge Rosemary Collyer handed a victory to three plaintiffs seeking that right. President Obama's Department of Health and Human Services had sought to dismiss the suit challenging so-called POMS rules that say seniors who withdraw from Medicare Part A must also surrender their Social Security benefits. (Part A covers hospital and outpatient services.) The judge ruled the plaintiffs have standing to contest their claim on the merits.

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