Sam Johnson

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Washington, Jun 15, 2007 -

Cardiologist Dr. Brad Clair devotes his limited free time to serving his country as a doctor in the reserves.

Reservists and their families are the unsung heroes in the Global War Against Terrorism; they shoulder many burdens without the strong backbone of the consistent military structure provided to full-time soldiers, marines, sailors, air men, and coasties.  That’s why when reservists encounter bungled bureaucracy and red-tape, I want to help them.

Clair’s currently caring for our men and women in uniform in the Anbar Province in Iraq. On his third deployment since 2004, the 50-year old Army Reserve Major risked losing his clientele and his business because of an unintended rule governing how long a doctor can leave Medicare while keeping patients and collecting payments.

An anti-fraud law punished doctors who left the system for 60 days and hired surrogate doctors in their place to handle the caseload while gone.  To protect patients from out-of-practice doctors, doctors would lose their ability to collect reimbursements from Medicare after that 60-day window.  While this pro-patient law sounds good in theory – it created severe unintentional consequences by penalizing those serving as doctors in the reserves who must leave the area to deploy.

Clair contacted his hometown Congressman, Mike Thompson (D-Calif.), fretting the toll a third tour on the front lines would take on his solo practice and his many Medicare-covered elderly clients.  Dr. Clair felt his wife and four children could endure the third deployment, but his business would suffer unless the 60-day Medicare rule got waived for his several-month-long deployment.

I partnered with Congressman Mike Thompson to help fix this dilemma for our weekend warriors who happen to be doctors.

Dr. Brad Clair’s story really touched a nerve for me.  Why would Congress intentionally punish a civilian warrior when he or she leaves to serve in harm’s way?  Congress should encourage, not discourage, volunteering in the Reserves and National Guard!

This special exception for our volunteer doctors in the armed forces will do wonders to help communities who rely on hometown doctors to provide Medicare services – and serve their nation in times of war.

In this case, Clair’s replacement doctor did not arrive for more than 10 days until after Clair’s departure for the Anbar Provice in Iraq.  Fortunately, he found doctors to care for his Medicare patients during his first two tours of duty.  During the first two deployments Clair incurred financial losses because of unreimbursed Medicare costs.  I fear what a third prolonged absence would mean for his patients and his practice. 

Our measure to help Dr. Clair and the estimated 3,000 volunteer warrior-doctors generated such swift support that it passed in the U.S. House of Representatives by a vote of 422 – to 0 – with one Member of Congress voting present.  Everyone agreed that volunteer doctors in the armed forces should not be punished for serving their country in the National Guard or Reserves. 

Thank heavens for a bipartisan, happy ending and I look forward to hearing about Dr. Clair’s safe return home from war…but the bill still has to pass the U.S. Senate.

Would you please call Senators Kay Bailey Hutchison (R-Texas) and John Cornyn (R-Texas) at 202-224-3121 and urge them to move H.R. 2429 forward in the United States Senate?  The weekend warriors tending to our troops on the front lines and I thank you.