Well, come to my blog -
here iz where i shall blig
az time undt cyber
/space...allow or
where carcontrols
if you k-no-w what i mean
WASHINGTON, Sept. 28 — A federal judge on Thursday ordered the Bush administration to halt its effort to collect $50 million from 230,000 Medicare beneficiaries who had received erroneous refunds of premiums paid for prescription drug coverage. He said many of them might qualify for waivers because repayment would cause hardship.
The judge, Henry H. Kennedy Jr. of Federal District Court here, said Dr. Mark B. McClellan, administrator of the Centers for Medicare and Medicaid Services, must immediately send a notice to every one of the 230,000 beneficiaries, stating that each has a right under federal law to request such waivers.
Federal officials had previously told beneficiaries to return the money by Saturday, Sept. 30. Judge Kennedy said the administration could not enforce that demand unless it first gave beneficiaries an opportunity to seek an exemption.
If a beneficiary requests a waiver, the government cannot try to recoup the money until the secretary of health and human services rules on the request, Judge Kennedy said in issuing a preliminary injunction sought by the plaintiffs. The plaintiffs include the Action Alliance of Senior Citizens, based in Philadelphia, and Gray Panthers, a national organization for older Americans.
Judge Kennedy said that any money already paid to the government “must be immediately returned to the beneficiaries so that they may decide whether to request waiver.”
Peter L. Ashkenaz, a spokesman for the Medicare agency, said government lawyers had not decided whether to appeal the decision. Mr. Ashkenaz said the government would do everything possible to ensure that beneficiaries continued to receive drug coverage “with the least inconvenience possible.”
Mr. Deford said beneficiaries were entitled to notice of their rights because of the Fifth Amendment to the Constitution, which states that no person shall be “deprived of life, liberty, or property, without due process of law.” The administration’s refusal to provide such notice violates the Constitution, as well as the Medicare law and regulations, he said.
The Medicare law says the government shall not recover an overpayment if the beneficiary was without fault and if it would be “against equity and good conscience” for the government to recover the money.
Dr. McClellan has, in effect, acknowledged that the beneficiaries are without fault, saying the mistake occurred because of “an error in Medicare computer systems.”
At the court hearing, lawyers for Dr. McClellan and Michael O. Leavitt, the secretary of health and human services, argued that Medicare beneficiaries had no right to a waiver and therefore no right to be informed that they could fight the demand for repayment.
The erroneous refunds averaged $215 a person, and none exceeded $800, federal officials said.
Beneficiaries “have been unjustly enriched,” Marcus H. Christ Jr., a lawyer from the Department of Health and Human Services, told the court. “Nothing in the Medicare program allows them to keep that money.”
One plaintiff, Lucy C. Loveall of Franklin, Ky., pays for drug coverage by having premiums withheld from her Social Security checks. She received $161.70 from the government, representing a refund for seven months of premiums. Ms. Loveall, 65, said she could not afford to repay the money because she and her husband had total income of $2,214 a month and total monthly expenses of $3,067.
The poorest Medicare beneficiaries do not have to pay premiums for drug coverage. But Mr. Deford said that many of those who did pay premiums had relatively low incomes. About half of beneficiaries have annual incomes less than twice the poverty level, he said. The poverty level is $9,800 for an individual.
lets see how the day goes today -
some days go easier than others - thats just life isn't it
Good Morning! Good Morning! Good Morning!
It’s a beautiful day!
Everybody up, up, up and outta bed-
Rise and shine it's reveille time.
OK- now who's still sleeping?
don't you know it's time to move move move
groove groove groove?
Ooops! I better make sure I’m up too.
Hup two, three, four
Hup two, three, four
Hup too, three, four
Hup too, tree, fore
Hey- did someone say golf?
or was that just a tree falling in the forest
that didn't make a sound
because --- heck - you know why
but then again - where are all those people's ears that should have been listening
a Quandary- wouldn't you say
a Quandary
a Quandary
a quandary
Hell - I can say it without making it all big shottie in capital letters and all
after all, it ain't really much of anything when you get right down to it.
An apple a day keeps the doctor away
I’ve had mine already -
I suspect the day will turn out delightful
What's for lunch...
Haiku:
Yesterday
Yanks 8, tigers 4
Mudville joy
my early morning on the way to work activity has inspired a song - country western - or so it seems to me - not my usual style - but not my usual early morning activity: hope ya all can imagine a nice melody and harmonies to sing along!
"Parking Here Fella Gonna Cost Ya Big Time"
A lovely morning, just past dawning in the city,
I took my car out for an early morning spin,
Called up my girlfriend on the cell phone using handsfree,
Stopped at the yellows, waived as school guards waved at me.
Thought -it's so nice out- let me bring my girl some breakfast,
I’ll run inside there, grab a coffee- donut too;
Put on my flashers - kept a sharp eye out the window,
I was so happy, coffee flowing, cake for two.
Well then I stepped outside with package smelling nicely,
Holding that little cardboard tray with two cups neat,
When out of nowhere formed the image of a fellow
Flashing some paper, smiling meekly, saying sweet:
“Can’t put a Chevy near the bevy of my meter,
Can’t put your old Dodge at the curb, its just the same,
Can’t park a Honda with a blond-uh at the corner,
I'm writing tickets, that’s the name of my game.
Can’t rest a big Ford with a wood cord near the curbside,
And for a Toyota with a boat – uh it’s the same,
Can’t park a Caddy with your daddy in the back seat
I'm writing tickets son and this one's got your name.”
The coffee flavor dropped a notch or two believe it,
The pastry tasted kinda pasty in my mouth,
The coffee cup seemed slightly hotter in my fingers
I stored the car and went to work heading due south.
So now I’m sitting at my desk and working harder,
And earning money just to pay my ticket soon,
But in my head keep running words I cannot stifle
Those words that floated toward my ear well before noon:
“Can’t put a Chevy near the bevy of my meter,
Can’t put your old Dodge at the curb, its just the same,
Can’t park a Honda with a blond-uh at the corner,
I'm writing tickets, that’s the name of my game.
Can’t rest a big Ford with a wood cord near the curbside,
And for a Toyota with a boat – uh it’s the same,
Can’t park a Caddy with your daddy in the back seat
I'm writing tickets son and this one's got your name.”
You know the tomorrow they say never comes?
It’s here
how? I know you're wondering
how? how did that tomorrow that never comes arrive
like spring weather that's not here yet either
well, tomorrow sneaked its little shit foot in and then blag blah bloooog blug
its here
this is the tomorrow thing you've been waiting for
did I say dreading
our time has come and a time it is to
sing and dance and
eat jelly donuts by the peck
pick a peck of peppers
one at a time and eat the shit out of it too
wouldn't you
and wouldn't you like to be a pepper too
dah da dada
ooom di da da da da
and wouldn't you like to be a pepper too
now I am wondering
just wondering
how it is
how come it is
that
men don’t always know what side their bread is buttered on
why don’t they know it
why is it such a goddamn mystery
shit
I’m angry as hell
and not much going around about it that’s for damn sure
maybe I’ll have a blend shake
you know
papaya juice with raspberry scoundrel and aren'tja juice mixed in good
with sorrybay in lime fitting
oozed all over the top
like I give a shit what order they are going into the blender in
end with prepositions and you will have propositions you can rely on
that’s a fact
fact of life
fact of nature
back to the real facts before digression
anyone still up?
anyone still reading along?
let’s call this entry
digression
total digression from dealing
digression from reality
hey where is that painting I did right after college?
my face it was or someone’s but really mine - aren’t they all really mine
and then I cut out from a plastic bag or saran wrap
some lips and glued it over the ones I painted on that drawing or watercolor
fake smile
plastic smile
I am wearing it right this minute
smiley here!
howdy doo
- did I have red lipstick on underneath that plastic bag back then ?
cause the gloss goes on giddy smooth these days
and I don’t feel I even need the bag
sarenely smooth sara one could say
he gets an internal chuckle over saran serene
sexy aint it
like a low drifting cigarette
clinging to the edge of the lips
hanging downward
like humphrey bogart
and etta james all in one - ( I don’t know if she smokes
I know her name is power-
leave it open - its ok-
don’t have to close every door every time
or every parentheses every rhyme -
see here I am writing in what I shall now delineate as the "dumb folks" style
style where the subtleties of my mind must be explained -
can’t lay there subtle because help I need someone to see what the hell I’m talking about
because I don’t always say it out loud
and I sure as shit don’t always say it out loud to me myself and I
if you know what the hell I mean
by Irene-
run
that’s what I mean
run run run run run
make it stop
because it can’t can it run and then its done
and that was life
the journey itself not the destination
like the beautiful death poem goes
life is a journey and death a destination
and everything in between
a journey of life itself
well that’s sort of calming - perhaps by repetition itself - itself
never finish
never finish quite
ever.
explanation point. period!
new month old themes
i should have bought this piece of art at the sale last night
my kids would have liked it i'm sure
why hello there
and welcome to my resurrection blog
filled with stars and stripes galore pinafore
life is interesting these days
ticklish I’d say
interesting and ticklish
sweet
and sour
sweet
and sugarish
interesting
lets see where the robin goes
lets see where it all goes
or comes to
or evolves
or devolves
word games more than thoughts
insights
less than puns
nothing I can say or do would bring my lover home to you
interesting what moves a man
what inspires
what cajoles
what touches the inner one inside
yanks 6 tigers 1
ha ha ha
who thought we'd circle back to tiger scores again
but like autumn and spring
recycling is in
and seasonality prevails
I wonder frankly if it’s this temperate zone we live in
do they have emotional swings and moods in san diego?
how can they
why, when we have zero to 100 flips in temp
they have sun to sun from mon to sun
church could be on Wednesday there
the weather is the same
or so I who know it all of three days believe--
hell you could go to church on Wednesday there and you couldn’t tell if it were 10AM or 3 PM
the weather is the same all the time
ok and what if it’s not
postulate it
imagine it
somewhere what I say is so
imagine if somewhere everything I say is so
everything that matters not every everything
but the things that touch life everyone of those things
ha
now wouldn’t that be a hoot?
a philosopher who did more than guess
a philosopher who was right
somewhere and someplace and some time
I question george bush
who are these millions
no matter how few now
who think the man blessed and touched
and a man of wisdom purpose and correctness
I just wonder
nuff said
about that
more to say about stuff I don’t want to say however
so I’ll shut my buns and go to sleep and hide my head in the ostrich land
perhaps I need a new blog more private even than this one here
this morning
at dawning
theres a new day come
this morning
at dawning
theres a new day a cum
its happnin
this rappnin
and i know it wont be undone
halllay wood
hallley woooooood
hallly woood
hold the may o good
this mornin
at dawnin
and i wish i were good
this morning
at dawnin
and I wish glue were good
saturday
alllll the time now
saturday
and i call all the time now
when you feel my heart go down
when you feel im lonely
when you feel i'm on the ground
when you start to know me
call me up
call me on the telly
call me up
call me from my belly
boy its growing all the time
sometimes growing smaller
boys its growing all the time
some times in the morning
hally wood today
michael graves tomorrow
frank caesar pelli
hallywood to gather
never tire of yesterday
someone ate my pickles
never tyre from eternity
someone stole my dickles
this morning
at dawning
in anew day
day
this morning
at dawning
im nude today
hallly wood
halllliwood
halllli wood
hallliwood
can you hear my song inside
can you feel my rhythm
can you come with me for a ride
can you drive my bosom
its anew day
its new york
its a nudie boots calling
it’s a new day it’s a new play
its a newt gingrich morning
hally wood
everything is groovy
haaaaallylood
everything is bluesy
blue cheese is one weird sucker
the song is over
the dream never dies
like household flies
why look up and see what ive written
when i can play with a little kitten
why raise my eyes to see what i wrote
when i can play with a billy goat
i better hitch my wagon to a star
call the garage and order my car
put on my shoes and go for a run
be outside and have some fun
i meant to say put on my sneakers
and look for streakers
but lets not go there now
lets not get started and how
we are keeping this tune under wraps
no- did you think i was still under wraps?
i'm out
coverless
noody boots actually
eating fruits
on line fruits
jellies too
good for me and good for you
sugarless not bitter its true
hey i can wear socks you know
i pulled my formal over the calf black socks up
over my suit pants yesterday morning
at dawning
when i was dressing with my boychick in the room
and told him i was going to wear my socks and pants
like A-rod today
a good way to go to the office
ready for anything that comes my way at third
quick flip to 2nd or long heave from deep in the hole to first
hell - someone hits a grounder to me near my desk
i leap - i'm ready
and when i'm at the plate
looking for pitches
or just looking
i'm in top form for striking
not out
but striking
driving
hitting the big ones
the bombs the dingers into the stands
goodbye
holy cow
the days are counting down
faster and faster and faster
theres a song in my heart
theres a rhythm in my brain
and in my gait
and in my carriage
but not really in my life
the scooter died -and the TV guys said he lead a perfect happy life
what about me
of course what they didn't know didn't matter
because he seemed to
seemed happy and enjoying life and full of enough pleasure and accomplishment to last a lifetime
which it did
and what about me
what will anyone -if they even cared- say about me in my passing fancy
just that "he was"
he came he didn’t conquer
didn’t mess up the sheets too bad
didn't make too much noise
smiled from time to time
wasn’t here a lot of the time so i didn’t really know him
oh - he was here everyday?
guess i must have missed him
yea- wonderful guy
we sure will miss him
that ryan - yea we'll miss him a lot - ryan
or was it brian?
ha ha ha - types like brain! he sure was
a smart whipper snapper
for what the hell that was worth
never did crossword puzzles i hear
they say they made him cross
Ruth then scooter
i live in slight partial fear of death these days
why oh why do i see wills and trusts and funerals and shivah calls
where we delight in the visits with the living
and inside mourn the dead and our own mortality
thank god i have little boys and can still watch them
evolve into men
and fill them with all the love i have inside
and wish them well
and good lives and happy futures
and health
health for all of us.
The end.