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Medicare is the U.S. government's health insurance program for all people 65 and over. Seniors can either choose to be on "Traditional Medicare" or to enroll in "Medicare Advantage," which allows them to receive their Medicare benefits through private health insurance plans.
As a result of National Right to Life-supported legislative changes in 1997 and 2003, there now exists an option within Medicare Advantage known as "private fee-for-service [PFFS] plans." Under PFFS plans senior citizens can choose health insurance whose value is not limited by what the government may pay toward it.
On July 16, both Houses of Congress overrode a veto by President Bush and the Medicare Improvements for Patients and Providers Act of 2008 became law.
The Senate had passed the measure on July 9 with a veto proof margin of 69-30. The bill was identical to the one passed in the House by 35549 several weeks earlier. While it makes substantial changes to the PFFS alternative within Medicare Advantage, it retains the right of older Americans to add their own money so as to get insurance less likely to ration lifesaving treatment. Most critically, these plans provide that government officials cannot impose price controls which lead to rationing.
Currently, the PFFS plans operate as indemnity plans within Medicare Advantage. This means that the plan's administrator need not make contracts with doctors because doctors who take Medicare patients generally will accept the insurance. The plans are automatically "deemed" to have enough medical providers.
However, under the new law, there will be changes, beginning in 2011, in areas that have two or more "network insurance plan" choices for seniors (basically the non-rural areas). These PFFS plans will be able to continue to exist, but in a modified way.
The plans will no longer automatically be "deemed" to have enough doctors. They will have to provide evidence that enough health care providers in the area are willing to serve plan members to meet seniors' needs.