Humana Received Cease and Desist Over Mailing

Humana Reprimanded Over Obama Health Care

Humana Medicare CMO, Philip Painter, M.D., sent out a mailing earlier this month to some of its 1.5 million members enrolled in the Humana Medicare Advantage (MA) program informing them of the possible reduction of benefits should one of the Democrats’ health care reform bills pass. The mailing informed its members that, "Some in Washington want to cut billions of dollars out of the Medicare Advantage program…" causing certain benefits such as, "…low premiums, low deductibles and co-pays, wellness and enhanced preventative benefits, and coordinated care and disease assistance programs" might be affected. Painter also urged readers to stay informed, offering free enrollment to receive a Humana Partners! newsletter, and suggested they contact their congressmen with concerns about the ongoing health care debate.

Senator Baucus, "Gang of Six" leader and author of the most recent health-care bill, and chair of the Senate Finance Committee, which has jurisdiction over Medicare, complained to the Centers for Medicare and Medicaid Services (CMS) about the Humana mailing. The CMS then issued a cease and desist letter to Humana advising them that no further "misleading" and "confusing" mailings could be sent out or similar material posted to their website, and that an investigation as to the potential breach of certain federal regulations and guidelines would commence. The letter concluded, "Please be advised that we take this matter very seriously and, based upon the findings of our investigation, will pursue compliance and enforcement actions."

Seniors, in fact, are quite concerned about the ongoing health-care debate and how changes proposed by the Obama administration might affect their future Medicare costs and coverage. It is undisputed that there will be hefty funding cuts to Medicare Advantage should this new Baucus bill pass. Projected cuts from Medicare Advantage are estimated from $123 billion and up, and seniors fear those cuts will be realized at their expense.

Republicans Outraged Over Humana "Gag Order"

In the nine months since Obama has been in office, there has been enough time to appoint some 30-plus Czars, but there still has not been an administrator of the CMS appointed. Without an administrator over the CMS, some Republicans question the origination of the Humana "gag order." According to FOXNews.com,

A Republican aide told FOXNews.com that the investigation is a clear breach of First Amendment rights and said the Republican leader is asking the CMS to provide legal justification for its investigation. The aide said CMS’s investigation follows a pattern of intimidation put forth by the administration for any kind of dissent in the health care debate.

Republican House Minority leader Mitch McConnell expressed outrage as well at the CMS action and responded from the Senate floor, "For explaining to seniors how legislation might affect them, the federal government has now issued a gag order on that company, and any other company that communicates with clients on the issue, telling them to shut up — or else." McConnell went on to say, "This is precisely the kind of thing Americans are worried about with the administration’s health care plan. They’re worried that government agencies which were created to enforce violations even-handedly will instead be used against those who voice a different point of view."

Rep. Dave Camp (R-MI), Ranking member of the House Ways and Means Committee, has asked for additional information, including the persons or persons who authorized the CMS agency to issue the cease and desist order to Humana. In a press release, Camp stated, "I have never seen anything like this and I question if politics was the deciding factor. Given that the administration has failed for more than eight months to nominate a director for CMS, I wonder if undue political pressure may have been applied on the CMS staff."