President Obama has signed a new law intended to prevent Medicare beneficiaries from spending days in a hospital only to find...Read more
Administration Broke Law in Failing to Mail Medicare Information
- September 18th, 2002
A federal court has ruled that Health and Human Services Secretary Tommy G. Thomson violated federal law when he decided to omit health plan premium and benefit information in the annual Medicare & You mailing last year.
Older and disabled Americans often rely on Medicare and You to make an informed choice about their Medicare options during the open enrollment season.
The Center for Medicare Advocacy, representing the Gray Panthers Project Fund, the Medicare Rights Center, and other advocates for older and disabled Americans, sued the Secretary in the U.S. District Court in Washington, D.C., charging that he violated Medicare law when he omitted the comparative health plan information. The Secretary had claimed that compliance with the law was both costly and not possible at so late a stage
In a ruling earlier this month, U.S. District Judge Henry H. Kennedy, Jr., agreed that the Secretary had broken the law. Federal agencies, he said, 'like the rest of us, must obey the law--even if compliance is cumbersome, burdensome, or costly." In a preliminary ruling, Judge Kennedy had said he was astounded that the Secretary had the audacity to argue that compliance with the statutory mailing requirement was too expensive while simultaneously electing to spend $35 million on advertisements.
The Medicare and You 2003 mailing that is required to contain this information is planned for mid-October.
Local Elder Law Attorneys in Ashburn, VA
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
The Law Firm of Evan H. Farr, P.C.
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...