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Massive and Muddled - Medicare Legislation Passed by Congress

Written By: Attorney Jeffrey A. Marshall , CELA*  

Originally Published December 4, 2003

In late November both Houses of Congress passed the Medicare Prescription Drug, Improvement, and Modernization Act.  President Bush is expected to sign this legislation into law on Monday, December 8th. 

The Act creates a new Medicare "Part D" which will provide Medicare beneficiaries with the option of enrolling in a limited drug coverage program.  In additional to the   long- promised prescription drug benefit, the law contains a cornucopia of non-drug related provisions, some of which are unrelated to Medicare.  It will bring significant added complexity to the Medicare health care program that serves 40 million older and disabled Americans. 


 long- promised prescription drug benefit, the law contains a cornucopia of non-drug related provisions, some of which are unrelated to Medicare.  It will bring significant added complexity to the Medicare health care program that serves 40 million older and disabled Americans. 

Under the new law, Medicare beneficiaries will be able to obtain some insurance coverage for previously uncovered prescription drug costs.  The drug benefit will be optional and quite limited.  Beginning in 2006, it will be offered to all 40 million Medicare beneficiaries through government-subsidized private plans. Due to premiums, deductibles, and gaps in coverage, most seniors will have only a fraction of their prescription expenses paid by the new benefit.   

Despite its name, there appears to be little "reform" or "modernization in the legislation.  Instead, the Act contains a "Santa's bag" of benefits and handouts designed to obtain the support of various congressmen, industries, geographic regions and interest groups for the legislation.

The numerous goodies are detailed in 681 pages of provisions weighing over 7 pounds.  The cost is estimated by the Congressional Budget Office at over 2 trillion dollars over the next two decades.  But no one really knows.  What is clear is that the costs will be paid by increasing deficit spending. Many commentators worry that such additional "unfunded mandates" further threaten the already precarious fiscal integrity of Medicare as well as the future financial security of most Americans.   Republican Senator McCain says Congress is "spending like a drunken sailor" and further criticizes the bill for its "incredible favors to the pharmaceutical companies." 

The Washington Post reports that over the next decade, the new law will steer at least an additional $125 billion to the health care industry and U.S. businesses.  This includes an estimated $86 billion in payments and tax breaks to employers who offer some prescription drug coverage to their retirees.   Hospitals, HMOs, physicians, ambulance services, and other providers will also be paid more for treating elderly and disabled Medicare recipients.  Rural areas are particularly favored. 

The legislation is so complicated that its effects will only become clear over many months and years. In future issues of this newsletter, I will be providing you with my understanding of some of the more important provisions and implications of the new law.      

The text of the Medicare Prescription Drug, Improvement, and Modernization Act is available on the Internet at http://waysandmeans.house.gov.  

-Return to the Medicare Act of 2003 Page-

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