Sunday, October 04, 2009

Opting Out of Medicare

The Wall Street Journal reports:
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.