Judge Slams CMS On Its Competitive Bidding Program

Editor’s  Note:  CMS continues to push a competitive bidding program that might generate short term savings but in the long run will reduce competition by eliminating the small but efficient providers as explained by a number of leading economists.  A judge describes CMS actions in a more direct manner.

From: Ron Bendell

President, VGM & Associates, Ltd.

 The following is commentary from US District Court Judge Donovan W. Frank of Minnesota from a ruling related to competitive bidding in which he was forced to not rule based on Congress’ laws barring judicial review (i.e. the Government can’t be sued):  “Each and every citizen is entitled to equal justice under the 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 and respect. This is a sad day for those who believe that when a judge adheres, even-handedly, to his or her oath of office, justice will prevail and the public interest will be served. To the extent that a civilized and democratic society is measured by the manner in which it treats and protects its most vulnerable members, it has failed today.”