Sunday, March 27, 2011


Federal judge to seniors: take Medicare or lose Social Security
...This week marks the first anniversary of ObamaCare, and if you are wondering where that coercive law is headed, we'd point to a case in federal court. That's where Judge Rosemary Collyer has ruled that Americans have a legal obligation to accept subpar government health benefits.

It remains a remarkable fact that America obliges most citizens over the age of 65 to take that rickety government health plan known as Medicare. Judging by today's growing number of health-savings options (HSAs, medical FSAs), some Americans would prefer to maintain private coverage upon retirement, rather than be compelled into second-rate Medicare....

...[T]he idea of patient choice offends many in government, and in 1993 the Clinton Administration promulgated so-called POMS (Program Operations Manual System) rules that say seniors who withdraw from Medicare Part A (which covers hospital and outpatient services) must forfeit their Social Security benefits....

...Yet in a stunning reversal, Judge Collyer last week revisited her decision and dismissed the case. In direct contravention to her prior ruling, the judge said the Medicare statute does — with a little creative reading — contain a requirement that Social Security recipients take government health care. The Medicare statute provides that only individuals who are “entitled” to Social Security are “entitled” to Medicare. Therefore, argues the judge, “The only way to avoid entitlement to Medicare Part A at age 65 is to forego the source of that entitlement, i.e., Social Security Retirement benefits.”

This is convoluted enough, but Judge Collyer’s truly novel finding comes with her implicit argument that to be “entitled” to a government benefit is to be obligated to accept it....