Seniors Already Forced To Take Medicare

I guess the government mandate is already here:

The Obama administration is trying to shove Medicare coverage down the throats of senior citizens who don’t want it, but it’s efforts are falling flat. Five plaintiffs are suing, arguing that no statute or regulation allows government to implement this requirement.

The Department of Health and Human Services insists an individual cannot forfeit Medicare eligibility and continue to collect Social Security benefits even after paying into the latter system over an entire career. The plaintiffs have private insurance they consider superior to Medicare and are willing to allow the Treasury to keep the benefits they earned after having paid Medicare taxes for decades. Everybody, including the American taxpayer, wins – except for bureaucrats, who don’t want to be bothered to keep track of those who willingly forgo Medicare coverage.

See, these people are trying to save the government money, time, effort, and so on, and the government isn’t allowing them to do it.

Of course, it should be no surprise to any conservative that the Obama Administration is apparently insisting on forcing this on people without there being a single law on the books justifying it:

After a hearing in November, D.C. federal district Judge Rosemary M. Collyer ordered the government to stop arguing in generalities and instead specify “when such a requirement/interpretation was adopted, and by what statute, regulation or administrative decision.” In a brief filed Jan. 11, government lawyers answered with mere diversions. They claimed the Medicare entitlement “flowed automatically” from the Social Security entitlement and cited a 1965 law that says all Social Security beneficiaries “shall be entitled” to Medicare. That hardly compels use of both. To be “entitled” is not to be “required.”

The lawyers then spent more than three pages detailing how somebody can “withdraw an application” for Social Security even though the plaintiffs’ point is that they want to keep Social Security but abandon Medicare. Without seeming to realize it undercut the relevance of their argument, the government noted the regulation governing Social Security withdrawal “dates back to 1963, before Medicare existed.” It’s not clear, then, how it’s applicable to a suit involving Medicare.

In short, there’s no legal authority that the Obama Administration to force people into Medicare if they don’t want it. But when has the lack of legal authority thwarted the Obamacrats?


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About Conservative Wanderer

Conservative Wanderer is currently Editor-in-Chief of That's Freedom You Hear! That means anything that goes wrong can be blamed on him. Previously he was a contributor to the PJ Tatler.
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