Seems like the Bush adminstration is going alot of illegal things.

http://story.news.yahoo.com/news?
tmpl=story&u=/nm/20040929/ts_nm/rights_patriot_dc

http://news.yahoo.com/news?
tmpl=story&u=/ap/20040929/ap_on_go_pr_wh/medicare_managed_care_5

Judge Rules Against Patriot Act Provision

NEW YORK (Reuters) - Part of the Patriot Act, a central plank of the Bush
Administration's war on terror, was ruled unconstitutional by a federal
judge on Wednesday.

U.S. District Judge Victor Marreo ruled in favor of the American Civil
Liberties Union, which challenged the power the FBI has to demand
confidential financial records from companies as part of terrorism
investigations.

The ruling was the latest blow to the Bush administration's anti-terrorism
policies.

In June, the U.S. Supreme Court ruled that terror suspects being held in
places like Guantanamo Bay can use the American judicial system to
challenge their confinement. That ruling was a defeat for the president's
assertion of sweeping powers to hold "enemy combatants" indefinitely after
the Sept. 11, 2001, attacks.

The ACLU sued the Department of Justice, arguing that part of the Patriot
legislation violated the constitution because it authorizes the FBI to
force disclosure of sensitive information without adequate safeguards.

The judge agreed, stating that the provision "effectively bars or
substantially deters any judicial challenge."

Under the provision, the FBI did not have to show a judge a compelling need
for the records and it did not have to specify any process that would allow
a recipient to fight the demand for confidential information.


GAO: White House Violated Law on Medicare
Tue Sep 28,11:35 PM ET   White House - AP

WASHINGTON - The Bush administration violated the law by allowing private
insurers to limit choices of some patients in a small trial program of
managed health care under Medicare, congressional investigators said.

Preferred provider organizations, which offer members a network of
discounted health care providers, have enrolled 105,000 Medicare
beneficiaries in 19 states.

In some cases, insurers refused to pay claims for home health visits,
nursing care, dental work, routine physicals and other services obtained
from providers who were not part of the PPO network, the Government
Accountability Office said.

"By law, these plans should have been required to cover all services in
their benefit packages even if those services were obtained from providers
outside the plans' provider networks," GAO said.

The administration was wrong to waive the requirement, GAO said.

The PPO trial is intended to test the viability of this kind of managed
care in Medicare. About 90 percent of Medicare's 41 million beneficiaries
are in traditional Medicare, where they can choose their doctors.

But the administration is betting that PPOs under Medicare will become
increasingly popular as more Americans who currently get their health care
through PPOs reach 65 and enter the Medicare system.

Last year's Medicare prescription drug law included a prominent role for
managed care plans, including PPOs, which the administration estimates will
enroll up to a third of Medicare clients over the next 10 years. Supporters
argued that the plans offer more comprehensive care than traditional
Medicare and, in the long run, will save money for patients and taxpayers.

Investigators said it is too early to know how much the PPOs actually are
costing the government, although Medicare's budget analysts predicted costs
would be $650 to $750 higher for each patient because the government wanted
to entice insurers to offer PPOs, the report said.

Dr. Mark McClellan, administrator of the federal Centers for Medicare and
Medicaid Services, said the government will comply with GAO's
recommendations.

"We learned a lot from the demonstrations about what worked best,"
McClellan said. "The main thing is we want to have voluntary coverage
options available that people prefer."

Sen. Max Baucus, D-Mont., who requested the GAO report, said there is no
evidence yet to back administration claims that managed care is cheaper
than traditional Medicare.

"While I believe in choice, I also believe that private plan options,
including PPOs, should be added to Medicare only if they bring value to
beneficiaries and taxpayers," Baucus said.

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