Formal Complaint Filed on Healthcare Age Discrimination

July 20, 2010

Regional Director, U.S. DHHS
Office for Civil Rights
JFK Federal Bldg. Room 1875, Boston, MA 02203

and

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

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

Dear Director:

The passing of National Healthcare, H.R.3590 - Patient Protection and Affordable Care Act, signed into law by President Obama is an obvious violation of the Age Discrimination Act of 1975. The predictable age discrimination of this legislation is now becoming apparent. Dr. Donald Berwick, President Obama's selection to run Medicare and Medicaid has publicly stated, and has placed in writing, that he favors a rationing system and there is no doubt this will discriminate against seniors. There is a clear violation based upon age.

It is a fact that the United States does not have the doctor / medical services to provide healthcare for an additional 50 million people. In addition, it is extremely obvious that by taking 1/2 trillion dollars out of Medicare that the net result of this legislation will necessarily lead to rationing. This rationing will exclude Americans based upon age for certain, and their necessary health services, treatment and care.

This violation will affect 60 million Americans today, 55 and older, and an expected 107.6 million Americans (31 percent of the population) expected in 2030. This amounts to no less than massive age discrimination.

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 National Healthcare Law approved by Obama.In addition to being a violation of The Age Discrimination Act of 1975, this Healthcare Bill is also a violation of both the Fifth and Fourteenth Amendments of the United States Constitution that provides 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. You have an obligation to respond to this formal complaint. I will most anxiously await your reply.


Sincerely,