Gag Order Issued Against Humana

Mark Watson

Mark Watson

Who could believe a federal agency would issue a gag order on an American corporation to prevent it from commenting on pending legislation? Well, that’s exactly what Health and Human Services has done.

Humana, a Louisville, Kentucky based health insurance provider, sent a letter to its enrollees regarding its concerns about potential cuts in the Medicare Advantage program. The letter upset Senator Max Baucus, D-MT, so much he wrote his own little letter to HHS asking it to investigate whether the letter violated any government regulations.

Shut up, he explained.

Shut up, he explained.

The senate’s medical insurance reform legislation was written by the Montana Democrat.

Baucus complained that “It is wholly unacceptable for insurance companies to mislead seniors regarding any subject, particularly on a subject as important to them, and to the nation, as health care reform.” He added that, “I’m not going to let insurance company profits stand in the way of improving Medicare for seniors.”

Following Baucus’ demands for an investigation, acting director of HHS’ Medicare Drug and Health Plan Contract Administration Group (CMS) Teresa DeCaro, told Humana in a letter, “We are instructing you to end immediately all such mailings to beneficiaries and to remove any related materials directed to Medicare enrollees from your website.”

Although Baucus’ legislation would cut Medicare and Medicaid spending by $500 billion in coming years, Baucus claims all such cuts would be funded by the waste and fraud which he plans to eliminate.

Why the elimination of such waste and fraud in these programs has to wait until Baucus’ proposed legislation becomes law is unclear.

Humana’s letter included the following paragraph: “Let your Members of Congress know why Medicare Advantage is important to you. Congress is considering significant cuts to Medicare Advantage now, and your Members of Congress will want to know why this program is valuable to you because these cuts could mean higher costs and benefit reductions to many on Medicare Advantage.

Pretty radical isn’t it?

Perhaps Senators and Congressmen who refused to conduct town hall meetings this summer really don’t want to hear opposing opinions at all.

In response to De Caro’s fiat, Humana spokesman Tom Noland denied allegations that it violated any regulations but agreed to stop the mailings. Noland said Humana also took down the website created in support of the mailings.

Senate Minority Leader Mitch McConnell, R-KY, chastised HHS and Baucus’ actions Tuesday on the Senate Floor. “This gag order, enforced through an agency of the federal government at the request of a senator, is wrong,” he remarked before adding, “Citizens, either as individuals or grouped together in companies, have a fundamental right to talk about legislation they favor or oppose.  That is the core of the First Amendment’s protections on speech.”

When did it become necessary for U. S. Senators to be reminded that people and corporations have a first amendment right to offer opinions about pending legislation without having a gag order imposed? More importantly, where does a governmental agency get the idea it has the right to even issue a gag order to a company?

It is understandable why Humana bowed to the heavy handedness of HHS since its financial neck is on the chopping block with this administration. But it is sad as well.


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35 Responses to “Gag Order Issued Against Humana”

  • Tricia of Illinois:

    So what the hell are they going to do about it? I want Baucus and HHS punished…Free speech is at the core of our existance and I want trying to take it away being punished!

  • Tricia of Illinois:

    So what the hell are they going to do about it? I want Baucus and HHS punished…Free speech is at the core of our existance and I want govt. officials or anyone trying to take it away stopped!

  • Wayne Stevens:

    Now THIS calls for a rebuke and a censure…not the silly furor over Rep. Joe Wilson’s “you lie” remark!

    That a United States Senator can demand that an executive branch agency issue a gag order against a private corporation (or citizen) is a direct misuse of office, consists of “official intimidation”, and is an obvious violation of the first amendment, not to mention the idea of separation of powers! Shame on all involved in this travesty! The only thing that is not a surprise is that everyone involved in this abusive conduct is a Democrat. Need I say more?

  • Reply to Mark Watson on The North Star National.

    Are any voters in Montana listening? For God’s sake, DO NOT vote this Baccus guy back into the
    U. S. Senate. Please have mercy on the rest of your fellow Americans and yourself. Is anyone surprised that a despotic administration attracts more despots into his sphere of influence?

  • Becky Snyder:

    When will our elected officials remember that we voted for them to protect us not their ‘special interest?

    Medicare for the senior is not cheap. My husband alone spends $98 a month for Medicare B, Humana Prescriptions, $48.00 and supplemental BC/BS, $ 147.36. This amounts to $ 293.36 a month with increases expected every year. This is for one person, when I retire it will double. How is this fair. He paid into the system for 40 years? Medicare, for him, is not an entitlement but reflects the contributions he made every month through his taxes while working.

    Senator Baucus should meet with seniors if he is so concerned about their health care. He should explain how the changes in Medicare are going to impact their access to health care. He should explain where the abuses and fraud exist,starting in Washington. Speaking to seniors, he needs to only address Medicare issues with facts and figures not ‘spin around the topic’ speech. Seniors can listen, can reason and have earned the right as American Citizens to know the frank facts!

  • Karen:

    Has anyone really looked at the Medicare Advantage programs. Do people know that the taxpayers subsidize these plans?
    http://www.desmoinesregister.com/article/20090921/OPINION03/909210301/-1/LIFE04

    Congress wants to cut back on the subsidy. Of course the insurance lobby is going to fight hard to keep and to keep it they will give out false information just to rile people up.

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