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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
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...
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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...