AMA enters doctor's lawsuit to 'opt out' of Medicare

Article Abstract:

The American Medical Association (AMA) and the Medical Society of New Jersey (MSNJ) have filed a friend-of-the-court brief in the case of Stewart v Sullivan, which pertains to the rights of Medicare patients to privately contract with physicians. It is the federal government's position that law prohibit Medicare patients from making private payment arrangements with their physicians. The AMA and MSNJ dispute this position and argue that Medicare laws do not explicitly ban such arrangements. Furthermore, the AMA-MSNJ brief argues that such restrictions would prompt many doctors not to treat Medicare patients at all.

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Government questions motive in private contracting suit

Article Abstract:

Internist Lois Copeland and five of her patients charged Health and Human Services and the local Medicare fiscal intermediary with illegally barring Medicare patients and their physicians from entering independent contracts for services. In a Jan 1992 lawsuit, Copeland's attorney argued that the ban on private contracting constitutes a denial of basic liberties. The government denied that charge and claimed Copeland's case was an attempt to defeat legislation that prevents physicians from overcharging their patients.

United States. Department of Health and Human Services

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Suit aims to stop Medicare ban on private contracts

Article Abstract:

Internist Lois Copeland is suing the federal government in an attempt to overturn Medicare's ban on primate payment arrangements. Copeland argues that denying Medicare patients the right to enter into private contracts with physicians violates patients' rights and lacks statutory authority. The HCFA argues that private payment arrangements could be used to overcharge patients, and to avoid utilization review, peer review and other controls.

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