An Alabama attorney has filed a lawsuit seeking to overturn the Deficit Reduction Act of 2005, giving radiology advocates a sliver of hope that the legislation could be invalidated before it implements billions in Medicare reimbursement cuts.
Self-described Republican activist Jim Zeigler of Mobile filed the lawsuit in a federal court in Alabama. He claims that the legislation was not lawfully enacted because it includes a typo that makes the version passed by the House of Representatives different from what was passed by the Senate. The U.S. Constitution states that a bill cannot become law unless an identical version passes both houses and is signed by the president.
Zeigler said he opposes the bill because of its provisions regarding church tithes and gifting by senior citizens. Zeigler claims the rules could force seniors to pay back to Medicaid such donations for the five years preceding nursing home admission before they could become eligible for nursing home coverage.
Radiology proponents have decried provisions in the law that would cut Medicare reimbursement for imaging studies conducted in out-of-hospital settings. Estimates are that the legislation could cut from $2.8 billion-$6 billion in Medicare payments for imaging services.
The typo has also led to an imbroglio in Washington, DC, with Democratic legislators arguing that the law is unconstitutional while Republicans counter that the act's language reflects the will of the majority of legislators who voted for it.
Zeigler filed his suit on February 13; no hearing date has yet been set.
By AuntMinnie.com staff writers
February 21, 2006
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Bush signs bill cutting Medicare payments, February 9, 2006
Congress passes steep Medicare imaging cuts, February 2, 2006
ACR to fight proposed Medicare imaging cuts, December 22, 2005
Budget bill makes Medicare payment changes, December 21, 2005
NEMA takes aim at Medicare imaging payment cuts, December 20, 2005
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