Wednesday, March 7, 2012

I, Like Ms. Fluke, Am Denied Free Access to Preventive Care

Dear  HHS Secretary  Sibelius:

After viewing Ms. Fluke’s testimony on her right to free access to contraception, I wish to bring to your attention that I am also being denied free access to vital preventive health care. Medical studies prove the reduced health-care costs of  senior citizens, who engage  in  moderate daily exercise in a proper facility under supervision of a physical therapist certified in geriatric care.

Medical research has clearly demonstrated that I – as a 71 year old male -- will have fewer hospitalizations and need fewer prescription medications as a result of daily moderate supervised aerobic and other exercise. I provide in the attached appendix actuarial calculations that demonstrate the discounted present value of health-cost savings over my projected lifespan exceeds the cost of the vital preventative medical care that I hereby petition.

I base my claim on HHS paragraph 13.1 - Medicare Policies (Rev. 71, 04-09-04), which clearly states that:

“The National Coverage Determinations (NCDs) are developed by CMS to describe the circumstances for Medicare coverage nationwide for a specific medical service procedure or device. NCDs generally outline the conditions for which a service is considered to be covered (or not covered) under §1862(a)(1) of the Act or other applicable provisions of the Act. NCDs are usually issued as a program instruction. Once published in a CMS program instruction, an NCD is binding on all Medicare carriers/DMERCS, FIs, Quality Improvement Organizations (QIOs, formerly known as Peer Review Organizations or PROs), Program Safeguard Contractors (PSCs) and beginning 10/1/01 are binding for Medicare+Choice organizations. NCDs made under §1862(a)(1) of the Act are binding on Administrative Law Judges (ALJ) during the claim appeal process. (See 42 CFR 405.732 and 42 CFR 405.860).

I am confident you will agree with my reading of HHS paragraph 13.1, rev. 71,04-09-04, that I am entitled to free access to this vital preventive medical care.


  1. Supreme Court challenge health care law
    "[Conservative Justice Antonin Scalia sharply questioned whether the Obama administration's requirement that Americans have health insurance or pay a penalty—the so-called "individual mandate" at the heart of the law—might mean that "therefore you (the government) can make people buy broccoli."
    Verrilli told the court that the law regulated health insurance, the means of payment for health care, while "broccoli is not the means of payment for anything else."]"

    If everyone eats broccoli (or an apple a day), then then health care cost will go down?! so,...

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