Consumer Group Challenges Constitutionality of DRA

WASHINGTON–A consumer-rights organization has filed a lawsuit
that claims the Deficit Reduction Act is unconstitutional because
the House of Representatives did not approve the version signed by
President Bush.

Public Citizen, a consumer watchdog group founded by Ralph
Nader, filed the suit last week in the U.S. District Court for the
District of Columbia.

“The Congress and the president have to be brought to account
for their rogue actions in moving to enact this very controversial
legislation without complying with the Constitution,” said Joan
Claybrook, president of Public Citizen. “This time, they will have
to answer for their actions.”

The DRA cuts spending for Medicare, Medicaid and other mandatory
programs by $38.8 billion over five years. Of greatest concern to
the HME industry is a provision that caps Medicare rental of oxygen
equipment at 36 months. Another provision caps other DME items,
such as hospital beds and wheelchairs, at 13 months (see HomeCare
Monday, Jan. 9).

As the legislation was passed back and forth between the House
and Senate last year, a typo involving the DME rental cap was
inserted into the House version. The Senate passed a version of the
bill without the typo, which was then sent to the president.

“Today’s lawsuit simply requests the court to uphold the
Constitution,” said Adina Rosenbaum, a Public Citizen attorney.
“The entire law is invalid because the law the House passed is
different from the law the Senate passed and the president
signed.”

The suit is the second that has been filed since Bush signed the
DRA into law on Feb. 8.

Jim Zeigler, an Alabama attorney who specializes in Medicaid
cases, filed a suit last month challenging the bill’s
constitutionality.

“I expect dozens of lawsuits against the DRA, because its
constitutional flaw is clear and obvious,” Zeigler said in response
to the Public Citizen suit. “Millions of citizens and thousands of
businesses are adversely affected by the DRA.”

He also said he expects senior citizens dependent on oxygen to
join the suits soon as plaintiffs. “They are clearly affected,” he
said. “Under the old law, they could receive Medicare oxygen for
life. Under the new law, they are literally cut off ….”

To view the lawsuit, click here.

To read Zeigler’s complaint, visit www.jimzeigler.com.