• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

PNHP

  • Home
  • Contact PNHP
  • Join PNHP
  • Donate
  • PNHP Store
  • About PNHP
    • Mission Statement
    • Local Chapters
    • Student chapters
    • Board of Directors
    • National Office Staff
    • Contact Us
    • Privacy Policy
  • About Single Payer
    • What is Single Payer?
    • How do we pay for it?
    • History of Health Reform
    • Conservative Case for Single Payer
    • FAQs
    • Información en EspaƱol
  • Take Action
    • The Medicare for All Act of 2025
    • Moral Injury and Distress
    • Medical Society Resolutions
    • Recruit Colleagues
    • Schedule a Grand Rounds
    • Letters to the Editor
    • Lobby Visits
  • Latest News
    • Sign up for e-alerts
    • Members in the news
    • Health Justice Monitor
    • Articles of Interest
    • Latest Research
    • For the Press
  • Reports & Proposals
    • Physicians’ Proposal
    • Medicare Advantage Equity Report
    • Medicaid Managed Care Report
    • Medicare Advantage Harms Report
    • Medicare Advantage Overpayments Report
    • Pharma Proposal
    • Kitchen Table Campaign
    • COVID-19 Response
  • Member Resources
    • 2025 Annual Meeting
    • Member Interest Groups (MIGs)
    • Speakers Bureau
    • Slideshows
    • Newsletter
    • Materials & Handouts
    • Webinars
    • Host a Screening
    • Events Calendar
    • Join or renew your membership

Quote of the Day

Circuit Court: Individuals cannot disclaim entitlement to Medicare Part A

Share on FacebookShare on Twitter

United States Court of Appeals
For the District of Columbia Circuit
Decided February 7, 2012

BRIAN HALL, ET AL., APPELLANTS
v.
KATHLEEN SEBELIUS, SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND MARK J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, APPELLEES

KAVANAUGH, Circuit Judge: This is not your typical lawsuit against the Government. Plaintiffs here have sued because they don’t want government benefits. They seek to disclaim their legal entitlement to Medicare Part A benefits for hospitalization costs. Plaintiffs want to disclaim their legal entitlement to Medicare Part A benefits because their private insurers limit coverage for patients who are entitled to Medicare Part A benefits. And plaintiffs would prefer to receive coverage from their private insurers rather than from the Government.

Plaintiffs’ lawsuit faces an insurmountable problem: Citizens who receive Social Security benefits and are 65 or older are automatically entitled under federal law to Medicare Part A benefits. To be sure, no one has to take the Medicare Part A benefits. But the benefits are available if you want them. There is no statutory avenue for those who are 65 or older and receiving Social Security benefits to disclaim their legal entitlement to Medicare Part A benefits. For that reason, the District Court granted summary judgment for the Government. We understand plaintiffs’ frustration with their insurance situation and appreciate their desire for better private insurance coverage. But based on the law, we affirm the judgment of the District Court.

http://www.cadc.uscourts.gov/internet/opinions.nsf/0/890596479218E0818525799D00548389/$file/11-5076-1356903.pdf

Comment: 

By Don McCanne, MD

Although the government requirement that an individual be required to purchase an unwanted private health plan is being challenged before the Supreme Court, it is reassuring that Medicare is so well established within our laws that an individual over 65 who is receiving Social Security cannot disclaim their legal entitlement to Medicare Part A benefits, even though they can refuse to receive those benefits.

It is unfortunate that Congress chose a model of reform that depends on an unpopular and possibly illegal mandate to purchase private health insurance, with a financial penalty for those who fail to comply. Medicare, one of the nation’s most popular programs and one for which there is no legitimate legal challenge, should have been selected instead.

An improved Medicare for all would have been much more effective and less expensive, and would not have had to face legal challenges. All of us can have Medicare, if we, as the people, demand it.

Circuit Court: Individuals cannot disclaim entitlement to Medicare Part A

Share on FacebookShare on Twitter

United States Court of Appeals
For the District of Columbia Circuit
Decided February 7, 2012

BRIAN HALL, ET AL., APPELLANTS
v.
KATHLEEN SEBELIUS, SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND MARK J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, APPELLEES

KAVANAUGH, Circuit Judge: This is not your typical lawsuit against the Government. Plaintiffs here have sued because they don’t want government benefits. They seek to disclaim their legal entitlement to Medicare Part A benefits for hospitalization costs. Plaintiffs want to disclaim their legal entitlement to Medicare Part A benefits because their private insurers limit coverage for patients who are entitled to Medicare Part A benefits. And plaintiffs would prefer to receive coverage from their private insurers rather than from the Government.
Plaintiffs’ lawsuit faces an insurmountable problem: Citizens who receive Social Security benefits and are 65 or older are automatically entitled under federal law to Medicare Part A benefits. To be sure, no one has to take the Medicare Part A benefits. But the benefits are available if you want them. There is no statutory avenue for those who are 65 or older and receiving Social Security benefits to disclaim their legal entitlement to Medicare Part A benefits. For that reason, the District Court granted summary judgment for the Government. We understand plaintiffs’ frustration with their insurance situation and appreciate their desire for better private insurance coverage. But based on the law, we affirm the judgment of the District Court.
http://www.cadc.uscourts.gov/internet/opinions.nsf/0/890596479218E0818525799D00548389/$file/11-5076-1356903.pdf

Although the government requirement that an individual be required to purchase an unwanted private health plan is being challenged before the Supreme Court, it is reassuring that Medicare is so well established within our laws that an individual over 65 who is receiving Social Security cannot disclaim their legal entitlement to Medicare Part A benefits, even though they can refuse to receive those benefits.
It is unfortunate that Congress chose a model of reform that depends on an unpopular and possibly illegal mandate to purchase private health insurance, with a financial penalty for those who fail to comply. Medicare, one of the nation’s most popular programs and one for which there is no legitimate legal challenge, should have been selected instead.
An improved Medicare for all would have been much more effective and less expensive, and would not have had to face legal challenges. All of us can have Medicare, if we, as the people, demand it.

Primary Sidebar

Recent Quote of the Day

  • John Geyman: The Medical-Industrial Complex...plus exciting changes at qotd
  • Quote of the Day interlude
  • More trouble: Drug industry consolidation
  • Will mega-corporations trump Medicare for All?
  • Charity care in government, nonprofit, and for-profit hospitals
  • About PNHP
    • Mission Statement
    • Local Chapters
    • Student chapters
    • Board of Directors
    • National Office Staff
    • Contact Us
    • Privacy Policy
  • About Single Payer
    • What is Single Payer?
    • How do we pay for it?
    • History of Health Reform
    • Conservative Case for Single Payer
    • FAQs
    • Información en EspaƱol
  • Take Action
    • The Medicare for All Act of 2025
    • Moral Injury and Distress
    • Medical Society Resolutions
    • Recruit Colleagues
    • Schedule a Grand Rounds
    • Letters to the Editor
    • Lobby Visits
  • Latest News
    • Sign up for e-alerts
    • Members in the news
    • Health Justice Monitor
    • Articles of Interest
    • Latest Research
    • For the Press
  • Reports & Proposals
    • Physicians’ Proposal
    • Medicare Advantage Equity Report
    • Medicaid Managed Care Report
    • Medicare Advantage Harms Report
    • Medicare Advantage Overpayments Report
    • Pharma Proposal
    • Kitchen Table Campaign
    • COVID-19 Response
  • Member Resources
    • 2025 Annual Meeting
    • Member Interest Groups (MIGs)
    • Speakers Bureau
    • Slideshows
    • Newsletter
    • Materials & Handouts
    • Webinars
    • Host a Screening
    • Events Calendar
    • Join or renew your membership

Footer

  • About PNHP
    • Mission Statement
    • Local Chapters
    • Student chapters
    • Board of Directors
    • National Office Staff
    • Contact Us
    • Privacy Policy
  • About Single Payer
    • What is Single Payer?
    • How do we pay for it?
    • History of Health Reform
    • Conservative Case for Single Payer
    • FAQs
    • Información en EspaƱol
  • Take Action
    • The Medicare for All Act of 2025
    • Moral Injury and Distress
    • Medical Society Resolutions
    • Recruit Colleagues
    • Schedule a Grand Rounds
    • Letters to the Editor
    • Lobby Visits
  • Latest News
    • Sign up for e-alerts
    • Members in the news
    • Health Justice Monitor
    • Articles of Interest
    • Latest Research
    • For the Press
  • Reports & Proposals
    • Physicians’ Proposal
    • Medicare Advantage Equity Report
    • Medicaid Managed Care Report
    • Medicare Advantage Harms Report
    • Medicare Advantage Overpayments Report
    • Pharma Proposal
    • Kitchen Table Campaign
    • COVID-19 Response
  • Member Resources
    • 2025 Annual Meeting
    • Member Interest Groups (MIGs)
    • Speakers Bureau
    • Slideshows
    • Newsletter
    • Materials & Handouts
    • Webinars
    • Host a Screening
    • Events Calendar
    • Join or renew your membership
©2025 PNHP