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Medicare Rights CenterDecember 6, 2005
American Society of Consultant Pharmacists Join Call to Protect Impoverished Americans from Going without Medications When Transitioned to Medicare Drug Coverage New York, NY – The American Society of Consultant Pharmacists joined eight consumer groups in asking a federal court to force the Bush Administration protect 6.4 million impoverished Americans facing loss of prescriptions drug coverage on January 1, 2006.
In court papers filed late Monday, Tom R. Clark, director of policy and advocacy at the American Society of Consultant Pharmacists says, "The risk that dual eligibles will leave pharmacies without the needed medications they currently receive through the Medicaid program is unreasonably high."
"For some, this delay could be catastrophic," he said.
The filing was part of a motion asking the court to step in before January 1st and require that the Administration maintain existing benefits until all the duals are successfully transitioned to a Medicare drug plan.
Under Bush Administration plans, 6.4 million people enrolled in both Medicare and Medicaid will be denied their existing Medicaid drug coverage on January 1st. The Bush Administration is then required to provide coverage to these men and women through the new Medicare Part D program under the 2003 Medicare Modernization Act.
The lawsuit seeks protections for people who are not seamlessly and immediately transitioned to the Medicare drug program.
"Our point is simple: Protecting the oldest, frailest, sickest and poorest Americans is not only a moral duty, it is a legal obligation," said Robert M. Hayes, president of the Medicare Rights Center.
The following organizations are plaintiffs in the suit: Action Alliance of Senior Citizens of Greater Philadelphia, Congress of California Seniors, Massachusetts Senior Action Council, National Alliance for the Mentally Ill: Maine, New York Statewide Senior Action Council, The Coalition of Voluntary Mental Health Agencies, Inc., United Senior Action of Indiana and the Medicare Rights Center. The organizations are being represented by volunteer attorneys with the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP and the Medicare Rights Center.
A copy of the brief and declarations from Tom R. Clark; Timothy Westmoreland, former director of Center for Medicaid and State Operations at the Centers for Medicare and Medicaid Services' predecessor agency; Judith Feder, Dean of the Georgetown Public Policy Institute at Georgetown University; and others is available at www.medicarerights.org\legalaction.html.