Federal Judge Mandates Medicare+Choice Information Mailings by Oct. 16

Judge Henry Kennedy of the U.S. District Court for the District of Columbia ruled that the HHS must send out detailed information about private health plans participating in Medicare+Choice for 2002 to all Medicare beneficiaries via mail by Oct. 16, the AP/Cleveland Plain Dealer reports. According to the AP, the department argued that mailing the detailed information by October would be "too costly" (AP/Cleveland Plain Dealer, 8/14). The department also argued that there is not now enough time to meet the Oct. 16 mailing date (Medicare Advocacy Press Release, 8/14). In court papers, HHS detailed plans to release the information via the Internet and a "24-hour, seven-day toll-free telephone" service (AP/Cleveland Plain Dealer, 8/14). However, the judge sided with the plaintiffs, The Gray Panthers Project Fund and other groups, saying that the Medicare statute must be followed. With regard to there not being enough time to mail the material, the judge stated that the problem is one of HHS' creation; earlier this year, HHS decided to extend the period of time for plans to notify the government of their participation in Medicare+Choice until September, almost two months after the statutory deadline for such notification (Medicare Advocacy Press Release, 8/15).