By KEVIN FREKING
The Associated Press
Friday, December 30, 2005; 8:06 PM
WASHINGTON -- A federal judge on Friday dismissed a civil lawsuit that several advocacy groups had filed in challenging the new prescription drug benefit going into effect Sunday.
The groups sought an order that would require the government to let certain low-income beneficiaries continue getting their prescription drugs through Medicaid, even though the new benefit will operate through a separate government program.
The groups contended that some of the low-income beneficiaries may not have access to needed medicine during the transition. The 6.2 million people in question are referred to as dual eligibles because they qualify for both Medicare and Medicaid.
U.S. District Judge Loretta Preska said the lawsuit was dismissed for lack of jurisdiction. She said the plaintiffs noted no legal precedent that would "support judicial intervention" at the current stage of the program. She said such intervention would have to come from Congress.
Federal officials declined to comment on the lawsuit itself, but noted they've worked hard to ensure that the frailest and most vulnerable will maintain access to needed drugs beginning Sunday.
"We've taken numerous steps, from working with the states to identify people who are on both Medicaid and Medicare, to making sure that they will continue to get all of the drugs they need beginning on January 1," said Peter Ashkenaz, a spokesman for the Centers for Medicare and Medicaid Services.
One of the eight advocacy groups that filed the lawsuit, the Medicare Rights Center, said it would appeal the ruling. It said the decision means people denied medicine must contest that denial to CMS prior to seeking court protection.
"Nothing in this ruling suggests that the oldest, poorest and frailest Americans are safe," said Robert M. Hayes, president of the Medicare Rights Center. "On January 1st, the neediest Americans face potentially catastrophic disruptions in their access to needed medicine. In the real world, people cut off from life-sustaining medicine cannot survive the delay of an agency appeal."