FOR IMMEDIATE RELEASE:                                                           Contact:           McCall Avery

July 28, 2009                                                                                                               202/225-4201

Today U.S. Congressman Sam Johnson (3^rd Dist.-Texas) re-introduced common-sense legislation to give seniors the freedom to make their own healthcare decisions.  

“Over and over again in this health reform debate Democrats have joined with the President to claim that if you like your health insurance you have, then you should be able to keep it.  Well, if that is true, one of the provisions in their 1,000 page bill would be to allow seniors to opt of Medicare,” said Johnson, the longest serving Republican on the Health Subcommittee on Ways and Means.  “In these lean economic times, if Warren Buffett or Ross Perot wants to pay for their own medical care, and save taxpayer dollars, I say we should let them,” continued Johnson.

Presently Medicare’s bureaucracy prevents seniors from paying their own doctor out of pocket, mandates that seniors enroll in Medicare or forfeit their Social Security benefits, (even the wealthy ones who do not wish to participate in Medicare), and prevents seniors from contributing to their tax-free health savings account (HSA) once they hit 65.  That’s why Johnson introduced the Medicare Beneficiary Freedom to Choose Act, H.R. 3356.

One, the Act would put seniors in control of their health care decisions by allowing them to select their own doctor in Medicare.  Under current law, if a doctor enters into a private contract with a Medicare patient, then the doctor must leave the entire Medicare program for two years.   Johnson’s bill would remove the Medicare red-tape that prohibits seniors from working with a health care provider of their choice.

Two, the bill would allow seniors to opt out of Medicare Part A when they become eligible, usually age 65, if they don’t want to receive the benefit.  Part A covers hospital and skilled nursing home care, among other things.  Presently, seniors may choose not to enroll in Medicare Part B or Part D, but not Part A.  Right now, if a senior decides to withdraw from Medicare Part A, he or she may no longer collect Social Security benefits.

Three, the bill allows seniors to contribute pre-tax dollars to a health savings account when used in conjunction with a high-deductible health plan.  Under current law, once a person turns 65 he or she is automatically enrolled in Part A.  This coverage makes them ineligible to contribute to an HSA.  Johnson’s bill would restore this tax benefit for those seniors who decide to opt out of Part A and help those who have accumulated money in their HSA prior to turning 65.

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“Ask any senior who has tried to find a general practitioner willing to accept Medicare and you’ll know why seniors want, need and deserve better medical options.  This bill gives seniors control over their healthcare decisions and saves the taxpayers money at a time when government spending is out of control.  Sounds like a win-win to me,” said Johnson.

The Medicare Beneficiary Freedom to Choose Act, H.R. 3356, has the backing of Freedom Works.  FreedomWorks Chairman Dick Armey commented: “Can you imagine the outrage if the day Americans turned 65 they could no longer purchase their own food, but were forced to buy groceries only with food stamps?  But this is what happens in Medicare.  The day you turn 65 you are forced to receive your health care through Medicare, even if you want to continue to purchase the same health insurance you had at age 64.” 

“A free society is based on choice and individual responsibility.  Medicare makes it illegal for me to have a choice in health insurance, and prohibits me from taking responsibility for my own health decisions.  I applaud Congressman Johnson for standing up for seniors, and fighting for folks like me over the age of 65 to have an option to purchase our own health insurance, and give the taxpayers a break.”  

In a related matter, there presently is an ongoing lawsuit started by people seeking to opt of Medicare who want to receive their Social Security benefits.   Filed on Oct.9, 2008, in U.S. District Court for the District of Columbia, Brian Hall, et al. v. Michael Leavitt, et al. charges the Social Security Administration (SSA) and Department of Health and Human Services (HHS) with improperly adopting illegal and coercive policies that deny otherwise eligible retirees their rightful Social Security benefits if those retirees choose not to enroll in Medicare.  To learn about this case, visit www.medicarelawsuit.org.

Johnson represents portions of Dallas and CollinCounties.