HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, July 17, 2003
2003 Ron Paul 81:1
Mr. PAUL. Mr. Speaker, I rise to introduce the Senior Citizens Freedom of Choice of Act.
This act ensures that participation in the Medicare
program is completely voluntary. I also
ask unanimous consent to insert into the
record a letter sent to my office from a citizen
who is trying to receive Social Security benefits
without being forced to enroll in Medicare
Part A, along with a letter from the Social Security
Administration admitting that seniors
who do not enroll in Medicare Part A are denied
Social Security benefits.
2003 Ron Paul 81:2
When Medicare was first established, seniors were promised that the program would be
voluntary. In fact, the original Medicare legislation
explicitly protected a seniors right to seek
out other forms of medical insurance. However,
today, the Social Security Administration
refuses to give seniors Social Security benefits
unless they enroll in Medicare Part A.
2003 Ron Paul 81:3
This not only distorts the intent of the creators of the Medicare system, it also violates
the promise represented by Social Security.
Americans pay taxes into the Social Security
Trust Fund their whole working lives and are
promised that Social Security will be there for
them when they retire. Yet, today, seniors are
told that they cannot receive these benefits
unless they agree to join another government
program!
2003 Ron Paul 81:4
At a time when the fiscal solvency of Medicare is questionable, to say the least, it seems
foolish to waste scarce Medicare funds on
those who would prefer to do without Medicare.
Allowing seniors who neither want nor
need to participate in the program to refrain
from doing so will also strengthen the Medicare
program for those seniors who do wish to
participate in it. Of course, my bill does not
take away Medicare benefits from any senior.
It simply allows each senior to choose voluntarily
whether or not to accept Medicare benefits.
2003 Ron Paul 81:5
Seniors may wish to refuse Medicare for a variety of reasons. Some seniors may wish to
continue making their own health care decisions,
rather than have those decisions made
for them by the Centers for Medicare and
Medicaid Services (CMS). Other seniors may
have a favorite physician who is one of the
growing number of doctors who have been
driven out of the Medicare program by CMSs
micromanagement of their practices and
below-cost reimbursements.
2003 Ron Paul 81:6
Forcing seniors into any government program as a precondition of receiving their
promised Social Security benefits both violates
the promise of Social Security and infringes on
the freedom of seniors who do not wish to
participate in Medicare. As the author of the
submitted letter says, . . . I should be able to
choose the medical arrangements I prefer
without suffering the penalty that is being imposed.
I urge my colleagues to protect the
rights of seniors to make the medical arrangements
that best suit their own needs by cosponsoring
the Senior Citizens Freedom of
Choice Act.
2003 Ron Paul 81:7
Congressman RON PAUL
U.S. Congress, Washington, DC.
DEAR CONGRESSMAN PAUL: I am writing to
inform you about a structural problem in
Medicare of which you may he unaware and
that I believe must be remedied, all the more
so now that there are rumors that Medicare,
Part A, might be combined with Medicare,
Part B.
2003 Ron Paul 81:8
In brief; the problem to which I refer involves the requirement that a Medicare eligible
individual enroll in Medicare, Part A as
a condition of receiving Social Security benefits
to which he or she is entitled. In fact,
the Social Security Administration has combined
the enrollment forms for the two programs,
so that an application for Social Security
benefits to which one is entitled automatically
entails enrollment in Medicare,
Part A.
2003 Ron Paul 81:9
I discovered this in June 2001 when I went with my husband to apply for my Social Security
benefits. I made it quite clear that I
would not enroll in Medicare, Part A due to
my objections to certain aspects of this program.
(The objectionable aspects include invasion
of privacy and limitation of medical
choice.) In response I was told that I then
could not receive the Social Security benefits
to which I am otherwie entitled.
2003 Ron Paul 81:10
Further communication with CMS by myself and by the office of Senator Kennedy on
my behalf confirmed that CMS and the Social
Security Administration take the position
that the Medicare program, Part A . . .
[is] a benefit completely linked to the
monthly social security benefit for those age
65 or older. Indeed I was sent a copy of federal
regulation 404.640 (entitled Withdrawal
of an application), which states that anyone
who enrolls in Medicare, Part A and then
decides later to withdraw will have to return
all benefits received. (Another document I
received states that this includes both medical
benefits and social security benefits.)
2003 Ron Paul 81:11
Upon receipt of a copy of the letter, dated October 12, 2001, sent to Senator Kennedy regarding
my complaint. I followed that letters
suggestion that I make an attempt to
file a restricted application for Social Security
benefits. This I did in a letter, dated
May 15, 2002, to the regional commissioner
for Social Security, Manual Vaz.
2003 Ron Paul 81:12
The response to my letter to Mr. Vaz came from the local (Waltham) Social Security office.
In that letter, dated May 29, 2002. I was
told that it was impossible to make a restricted
application, i.e., an application for
cash social security retirement benefits
only.
2003 Ron Paul 81:13
Thus I was left with no recourse. I could not appeal a denial of my restricted application,
because I was not even permitted to
make the application. Short of an expensive
lawsuit or an Act of Congress, there appears
to be no remedy.
2003 Ron Paul 81:14
This is no trivial matter for me. I have now lost two years of Social Security benefits.
It is not clear when or if I will ever receive
these benefits. All those with whom I
have discussed this problem, irrespective of
their political persuasion, have been shocked
to hear about these regulations.
2003 Ron Paul 81:15
I believe that I should be able to choose the medical arrangements I prefer without
suffering the penalty that is being imposed.
I ask that you take steps to remedy this situation.
I shall be happy to supply documentation
regarding the facts outlined
above, it you request it. I look forward to
hearing from you.
Sincerely,_______.
Enclosed please find the regulations which
state that there is no application for cash social
security retirement benefits only. If you
file for cash benefits you MUST file for the
Medicare Part A (HI). Therefore this can
only be translated, in one way at this time.
If you do not wish to file for Medicare Part
A (HI) you must forfeit your right to cash
benefits.
2003 Ron Paul 81:17
If I can be of any further assistance please feel free to contact me at the above telephone
number extension, 3016.