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The Center for Medicare Advocacy (“Center”) and California Health Advocates (“CHA”) submitted joint comments in opposition to a proposed Social Security Administration (SSA) rule to increase the frequency of continuing disability reviews (CDRs) (see Notice of Proposed Rulemaking on Rules Regarding the Frequency and Notice of Continuing Disability Reviews, 84 Fed. Reg. 36588 (November 18, 2019), Docket No. SSA-2018-0026). If implemented, this rule will likely cause many people eligible for Medicare based upon receipt of Social Security Disability Insurance (SSDI) to unfairly lose their legitimate right to coverage.

The Center and CHA noted that “[i]ncreasing the burden on the under-65 Medicare population by requiring more frequent CDRs will negatively impact this group, who already face more challenges than the over-65 Medicare population. Not only will more frequent CDRs impose a significant and unwarranted burden on these individuals, many will lose their health insurance coverage. Those who do not lose their health insurance coverage will bear negative health consequences imposed by the strain of unnecessary and burdensome CDRs.”

If implemented, the proposed rule will lead to more people losing Medicare eligibility. This is a devastating consequence at a time when finding other avenues to obtain legitimate pre-Medicare health insurance coverage is becoming more difficult, particularly due to efforts to repeal or otherwise diminish the Affordable Care Act and restrict Medicaid eligibility.

February 6, 2020 – D. Lipschutz

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