April 23, 2005
WHO RULES:
Medicare Change Will Limit Access to Claim Hearing (ROBERT PEAR, 4/24/05, NY Times)
A new federal policy will make it significantly more difficult for Medicare beneficiaries to obtain hearings in person before a judge when the government denies their claims for home care, nursing home services, prescription drugs and other treatments.For years, hearings have been held at more than 140 Social Security offices around the country. In July, the Department of Health and Human Services will take over the responsibility, and department officials said all judges would then be located at just four sites - in Cleveland; Miami; Irvine, Calif.; and Arlington, Va.
Under the new policy, Medicare officials said, most hearings will be held with videoconference equipment or by telephone. A beneficiary who wants to appear in person before a judge must show that "special or extraordinary circumstances exist," the rules say.
But a beneficiary who insists on a face-to-face hearing will lose the right to receive a decision within 90 days, the deadline set by statute.
Has any president ever been more effective at enacting his agenda via the rule-making power and executive order? Posted by Orrin Judd at April 23, 2005 1:54 PM
The article quotes my mother in law, Judith Stein. Our politics could not be more different. Nevertheless, I rather agree with her that these changes are not good ones. If people are going to be dependent on government (me: bad; her: good), at least the interface should be fair and people should have the maximum amount of power to ensure that they are not being mistreated. Such appeal rights ENHANCE the power of the individual as against the state. That's what we conservatives want, right? I don't see what conservative agenda this accomplishes, other than insignificant savings here and there.
Posted by: rds at April 23, 2005 9:53 PMThe point is to make the program both more efficient from a taxpayer standpoint and less desirable from a dependent standpoint.
Posted by: oj at April 23, 2005 9:56 PMUnfair way to accomplish those ends -- better to reduce promised benefits or, better yet, to enhance personal control/choice in the operation of the entitlement, as with HSAs, which you are rightly enamored of for just those reasons.
Once an entitlement is granted under law, one is really and truly owed the benefit conferred. One of the bad effects of the dependency created by entitlements is that the individual is at the mercy of the state to follow through on the commitments that the individual has been induced to incorporate into his planning. Administrative apeals give the individual power to force the government to follow through. These changes make the entitlement "less desirable" in ways that run counter to the conservative concern for the power of the individual versus the state.
Posted by: rds at April 23, 2005 10:12 PMrds:
The Supreme Court has ruled otherwise with respect to Social Security (on owning 'your' entitlement), and Medicare would have to follow.
But I wouldn't be surprised to see angry seniors whacking the nearest HHS official, a Congressman out for a walk, or even Charlie Schumer with their umbrellas. Telephone hearings seem especially cruel.
Posted by: jim hamlen at April 23, 2005 10:18 PMNo one ever changed things by being fair.
Posted by: oj at April 23, 2005 10:18 PMcruel?
Posted by: oj at April 23, 2005 10:23 PMThose are understandable macro-level goals, but accomplished in a way that runs counter to liberty on a micro-level.
Once an entitlement is granted under law, one is really and truly owed the benefit conferred. One of the bad effects of the dependency created by entitlements is that the individual is at the mercy of the state to follow through on the commitments that the individual has been induced to incorporate into his planning. Administrative apeals give the individual power to force the government to follow through. These changes make the entitlement "less desirable" in ways that run counter to the conservative concern for the power of the individual versus the state.
It is not necessary to think of it this way to agree with my take on the matter, but a benefit legally conferred can be seen as a form of property. I know I'm not going to get any argument from you about the importance of enabling individuals to enforce property rights. Granted, this change isn't really going to materially effect people's right to appeal all that much, but nevertheless I don't think this advances any good conservative aim.
If benefits are over-gernerous, it is better to reduce them or, better still, to enhance personal control/choice in the operation of the entitlement, as with HSAs, which you are rightly enamored of for just those reasons.
In any case, Medicare is one of the least objectionable federal entitements, in my view -- although I am mindful that it should not be overgenerous. The private market would have to be humming like a Rolls Royce to provide well for the care of the very old and very poor. Not impossible, but not assured, either.
Posted by: rds at April 23, 2005 10:25 PMsorry about the multiple postings. I expanded my thought a little in the third one -- apparently one should not click "stop" while the site takes forever to post your comment, and then revise it. It will all be posted.
Jim Hamlen: If I recall correctly from law school, you don't own your entitlement in that you can't prevent administrators from taking it away. That is -- no entitlement is permanent. That is why these procedural changes are legal. But what I am saying is different -- you are entitled to what you are entitled to until the entitlement is changed, and procedures should permit you to enforce your right to the maximal extent. Inadequate appeals procedures only enhance the power of the state vis a vis the individual.
Posted by: rds at April 23, 2005 10:36 PMIt would be cruel for an 80 year-old supplicant to lose an appeal because of a 'bad' connection, or a hang-up at a crucial moment. Which we both know will happen, much more frequently than we would like to believe. At least with video, one could see the "arbiter".
Given the way Medicare's finances are going, I wouldn't be surprised to see Congress eliminate the appeals process altogether. That would make for some interesting campaign trips, now wouldn't it?
Posted by: jim hamlen at April 23, 2005 11:47 PM