Mr. THOMPSON of Pennsylvania. Mr. Speaker, a durable medical equipment supplier recently sued the U.S. Department of Health and Human Services over Medicare's competitive bidding program. In February, the judge dismissed the case, stating the supplier had no jurisdiction because Congress prohibited judicial review of the program in 2003.
The court was, however, ``deeply concerned about the unjust consequences of its order''; so concerned, the court was compelled to issue a memorandum prior to its full opinion:
Every citizen is entitled to equal justice under law, which is not measured by incidence of death or hospital admissions, but rather by the right to receive medically necessary treatment and to live each day with dignity. To the extent that a civilized society is measured by the manner in which it protects its most vulnerable members, it has failed today.
Congress has a responsibility to beneficiaries to ensure CMS is transparent and the competitive bidding program is truly competitive and does not prevent access to these critical services.
I will not be complacent, Mr. Speaker, and this body should not be content with a culture of insecurity for providers and the vulnerable populations that they serve.
The American people deserve better.