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November 2005
 Erb
et al. vs. McClellan
In violation of Medicare beneficiaries' right to elect whether to receive their
Medicare benefits through original fee-for-service Medicare or a managed care plan of their
choosing, defendants recently established a process that involuntarily terminates thousands of
dual eligibles in Pennsylvania from the original fee-for-service Medicare coverage or the
Medicare Advantage managed care plan coverage that they affirmatively elected by right and
"passively" enrolls them into Medicare Advantage managed care plans that they did not choose.
Consequently, effective January 1, 2006, without being afforded the benefit of accurate
information, adequate recourse to opt out of passive enrollment, advanced written notice or a
formal agency rulemaking by the defendants, many Pennsylvania dual eligibles will be assigned
against their wishes to a managed care provider network.
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