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Contact: McCall Avery 202-225-4201

Sam Johnson weighs in on Medicare lawsuit hearing
Hall v Leavitt restraining order hearing today

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Washington, Jan 16 -

Today U.S. Congressman Sam Johnson (3rd Dist.-Texas) released the following statement in advance of the first hearing of Hall v Leavitt, a lawsuit that challenges controversial government rules that deny retirees their Social Security benefits if they choose to opt out of Medicare, Part A, the hospital insurance program, in favor of keeping the private health coverage of their choice.

Last year three people filed a lawsuit against Health and Human Services and the Social Security Administration to opt out of Medicare Part A.  Around the same time last year, Johnson introduced the Medicare Beneficiary Freedom to Choose Act.  The legislation would give seniors the freedom to take control over their health care decisions and opt out of Medicare Part A if they choose.  Johnson plans to re-introduce the legislation in the 111th Congress.

This afternoon a U.S District Court for the District of Columbia will hold an initial hearing on Hall v. Leavitt.  The hearing will focus on Brian Hall's request for a temporary restraining order (TRO) barring the Department of Health & Human Services from enrolling him in Medicare against his will.

Presently Medicare’s bureaucracy prevents seniors from paying their own doctor out of pocket, mandates that seniors enroll to receive government benefits (even the wealthy ones who do not wish to participate), and prevents seniors from contributing to their tax-free health savings account (HSA) once they hit 65.  Johnson’s bill, the Medicare Beneficiary Freedom to Choose Act, would change all that.

To learn more about this case, go to www.medicarelawsuit.org.

“The sad reality that Brian Hall needs a temporary restraining order to try to stay out of Medicare defies common sense.  If people want to pay for their own health decisions, they should be able to do that without Big Brother interfering – especially when government entitlement programs are breaking the bank.  That’s why my bill, the Medicare Beneficiary Freedom to Choose Act, should be law.”

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