RE: Support of S. 236, the “Medicare Patient Empowerment Act”
Dear Senator Murkowski:
As the Alliance of Specialty Medicine (Alliance), our mission is to advocate for sound
federal health care policy that fosters patient access to the highest quality specialty care. As
patient and physician advocates, the Alliance commends your legislation, S. 236, the
‘‘Medicare Patient Empowerment Act,’’ which would permit Medicare beneficiaries and
providers to privately contract for Medicare covered services without penalty.
Current law requires Medicare beneficiaries to pay out-of-pocket if they choose to see a
physician that does not accept Medicare. Medicare will not cover any portion of the charges
incurred. Further, physicians who choose to provide covered services to Medicare
beneficiaries under private contracts must “opt out” of the Medicare program for two
years. Medicare will not pay the physician for any covered services provided to Medicare
beneficiaries during that time. Medicare beneficiaries–tax-paying Americans who have paid
into the program for years–should not be prevented from using their Medicare benefits if
they choose to see a physician that does not accept Medicare. These discriminatory policies
are inappropriate and impeded Medicare beneficiaries’ freedom of choice.
Medicare reimbursements to physicians continue to decline as a result of the flawed
Sustainable Growth Rate (SGR) formula. In addition, the amount of regulatory burden
increases with each regulation. As a result, more and more physicians are dropping out of
the program so they can get back to practicing medicine, rather than running a business.
Ultimately, beneficiary access to high-quality care will be compromised. We are in
agreement that your legislation will help restore confidence in the Medicare program by
ensuring beneficiary access to any physician they choose to see, regardless of the
physicians participation status.
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