Written by attorneys · grounded in primary & secondary sources — see below
A federal program established under the Social Security Act that provides health insurance for the elderly and the disabled.
Sources & Authorities· 2 primary sources
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Cases
Uniform Acts
Casebooks
Study Supplements
How it applies
Common Examples
5
Resident Alien Denied Medicare Benefits
Maurice Marshall, a lawful permanent resident who arrived in the United States four years ago, applies for Medicare hospital coverage after turning sixty-five. Federal regulations require five years of residency before eligibility attaches. The agency denies his application. The denial stands because Congress holds plenary power over immigration and may draw alienage lines in federal benefit programs without strict scrutiny.
Medicare Reimbursement for Feeding Tubes
Monica Morgan lies in a persistent vegetative state after an automobile accident. Her physicians order artificial nutrition and hydration through a feeding tube. Medicare covers the cost of the device and formula because the federal program treats enteral feeding as a reimbursable medical service analogous to other life-sustaining equipment.
Cruzan by Cruzan v. Director, Missouri Dept, of Health497 U.S. 261, 277 (1990)
Employer Mandate and Medicare Coverage
Midwest Airlines offers its employees minimum essential health coverage through a group plan rather than requiring them to purchase individual policies. The plan satisfies the federal individual mandate because employees receive coverage through a government-recognized program such as Medicare when they later qualify by age or disability.
National Federation of Independent Business v. Sebelius567 U.S. 519 (2012)
Exchange Subsidies and Medicare Eligibility
Melanie Morris purchases a health plan through the federal exchange and receives premium tax credits. When she turns sixty-five she becomes eligible for Medicare. The exchange terminates her subsidy because Medicare constitutes minimum essential coverage that displaces exchange assistance under the statute.
King v. Burwell135 S. Ct. 2480 (2015)
Survivor Benefits Linked to Medicare
Megan Moore, a widower, seeks Social Security survivor benefits after his spouse's death. The wage earner's Medicare taxes paid during employment help fund the benefit stream. The agency awards benefits because the deceased spouse's contributions satisfied the eligibility requirements under the linked federal insurance programs.
Weinberger v. Wiesenfeld420 U.S. 636 (1975)
Common questions
Frequently Asked
3
What population does Medicare primarily cover?+
Medicare covers individuals over age sixty-five and certain disabled persons. It operates as a federal health insurance program distinct from Medicaid, which serves the poor.
Supporting sources
How does Medicare interact with federal alienage classifications?+
Federal Medicare rules may impose a five-year residency requirement on aliens. Such classifications receive rational-basis review and are upheld when not arbitrary.
Supporting sources
Does Medicare reimburse artificial nutrition and hydration?+
Medicare treats enteral feeding devices and formulas as covered medical foods and devices when they support bodily functions compromised by illness.
Supporting sources
497 U.S. 261, 277 (1990)Constitutional Law
…The Federal Government permits the cost of the medical devices and formulas used in enteral feeding to be reimbursed under Medicare. The formulas are regulated by the federal Food and Drug Administration as "medical foods," and the feeding tubes are regulated as medical devices. Nor does the fact that Nancy Cruzan is…