Age Discrimination Complaint Filed on Healthcare

Director, U.S. Department of Health and Human Services September 3, 2009
Office for Civil Rights
Washington, DC 20201

Subject: Complaint in Violation of The Age Discrimination Act of 1975

Dear Director:

This is a serious, not a frivolous complaint, concerning the impending and certain violation based upon age of (House Bill) H.R.3200 - America's Affordable Health Choices Act of 2009 and the Senate Bill, The Affordable Health Choices Act. It is a fact that the United States does not have the doctor / medical services to provide healthcare for an additional 50 million people. The net result of these legislations will certainly lead to rationing. Already proposed is that the necessary rationing will exclude Americans based upon age for certain, necessary health services, treatment and care. This has been clearly stated by both those who have been involved with formulating these Bills and by those advising. This is a clear discrimination based upon age.

This complaint is being filed for myself, at 70 years of age, and for the 60 million Americans today 55 and older, and for the expected 107.6 million Americans (31 percent of the population) expected in 2030. This amounts to no less than massive age discrimination.

As you know The Age Discrimination Act of 1975 is a national law that prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance, which will certainly be the case with the aforementioned House and Senate Healthcare Bills.

In addition to a violation of The Age Discrimination Act of 1975, these healthcare Bills would also be a violation of both the Fifth and Fourteenth Amendments of the United States Constitution that provide protection against discrimination by federal and state governments. The 5th Amendment prohibits the federal government from depriving individuals of "life, liberty, or property" and for equal protection under the law. By depriving senior citizens the necessary care for life saving medical treatment and, for not providing equal protection, this becomes a clear violation of this Amendment. In addition The Fourteenth Amendment prohibits states from violating an individual's rights and equal protection. The proposed federally mandated healthcare bills would necessarily transcend to the state level through implementation.

This is a serious complaint involving massive and continuing discrimination in the United States in direct violation to The Age Discrimination Act of 1975; the Fifth and Fourteenth Amendments to the Constitution of the United States.

On behalf of myself and the 60 million Americans 55 years and older I request that you expeditiously address this serious complaint. I will most anxiously await your reply.