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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
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...