WASHINGTON--A consumer-rights organization has filed a lawsuit that claims the Deficit Reduction Act is unconstitutional because the House of Representatives did not approve the version signed by President Bush.

Public Citizen, a consumer watchdog group founded by Ralph Nader, filed the suit last week in the U.S. District Court for the District of Columbia.

"The Congress and the president have to be brought to account for their rogue actions in moving to enact this very controversial legislation without complying with the Constitution," said Joan Claybrook, president of Public Citizen. "This time, they will have to answer for their actions."

The DRA cuts spending for Medicare, Medicaid and other mandatory programs by $38.8 billion over five years. Of greatest concern to the HME industry is a provision that caps Medicare rental of oxygen equipment at 36 months. Another provision caps other DME items, such as hospital beds and wheelchairs, at 13 months (see HomeCare Monday, Jan. 9).

As the legislation was passed back and forth between the House and Senate last year, a typo involving the DME rental cap was inserted into the House version. The Senate passed a version of the bill without the typo, which was then sent to the president.

"Today's lawsuit simply requests the court to uphold the Constitution," said Adina Rosenbaum, a Public Citizen attorney. "The entire law is invalid because the law the House passed is different from the law the Senate passed and the president signed."

The suit is the second that has been filed since Bush signed the DRA into law on Feb. 8.

Jim Zeigler, an Alabama attorney who specializes in Medicaid cases, filed a suit last month challenging the bill's constitutionality.

"I expect dozens of lawsuits against the DRA, because its constitutional flaw is clear and obvious," Zeigler said in response to the Public Citizen suit. "Millions of citizens and thousands of businesses are adversely affected by the DRA."

He also said he expects senior citizens dependent on oxygen to join the suits soon as plaintiffs. "They are clearly affected," he said. "Under the old law, they could receive Medicare oxygen for life. Under the new law, they are literally cut off ...."

To view the lawsuit, click here.

To read Zeigler's complaint, visit www.jimzeigler.com.

Want to use this article? Click here for options!
© 2007 Penton Media, Inc.