government

Court says seniors cannot give up Medicare entitlement

NEWS IN BRIEF — Posted Feb. 20, 2012

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Americans enrolling in Social Security cannot forfeit their Medicare hospital inpatient benefits even if they want to, a federal appeals court ruled on Feb. 7.

A group of seniors led by former House Speaker Dick Armey (R, Texas) sued the federal government, saying they do not want Medicare Part A benefits. Instead, they said they preferred to obtain their coverage from private insurers rather than the government.

The Medicare Part A program automatically enrolls citizens who receive Social Security and are 65 or older. No one has to utilize the benefits that cover hospital care, but seniors are required to forgo their Social Security benefits if they want to disclaim legal entitlement to Part A, according to the decision.

The Social Security Act does not provide the option to refuse Medicare Part A coverage, the U.S. Court of Appeals in Washington, announced in a 2-1 ruling.

The plaintiffs plan to file a petition for a rehearing in the case, said Kent M. Brown, an attorney with offices in Washington and Lexington, Ky.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2012/02/20/gvbf0220.htm.

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