Greetings Retirees!
I am writing to bring you up to date on the latest information that I have regarding the retirees’ prescription plan. As you are likely aware, in 2018, a lawsuit was filed (Fitch v. Maryland) challenging the State’s notice to retirees that they would have to transition to Medicare Part D by January 1, 2019, and would no longer be eligible for the State’s subsidized prescription drug coverage. The Court granted the retirees’ motion for preliminary injunction, maintaining the status quo and preventing the State from ending access to the State program.
On June 29, 2023, a hearing was held in the U.S. District Court before Judge Peter Messitte, on the State’s request to end the injunction and grant summary judgment in its favor. The State of Maryland argued that the State Retirees would only see minimal change once they reached the threshold of $1,500 for individuals or $2,000 for family under the 2022 Inflation Reduction Act since the Act caps Medicare Part D at $2,000. The State further argue that once the injunction is lifted, the General Assembly has already mandated a transition period of at least one full calendar year before new replacement programs go into effect, during which time state retirees will continue to have access to the State Program.
Deborah Hill, attorney for plaintiff Fitch and United We Matter, responded to the argument that it would be a great change since Medicare Part D does not cover families, so each individual in a family would have to reach the $2,000 cap to qualify. To add insult to injury, each person in a couple would have to have their own plan, doubling the cost. If the retiree is prescribed new medications, they cannot get them since Medicare Part D can only be changed once a year. Also, under Maryland’s so-called “Replacement Programs,” a retiree must purchase the drug and wait to be reimbursed – many are on a fixed income which limits how much out of pocket money they have for medications.
Hill also argued that the State of Maryland knew that the retiree prescription plan would be eliminated in 2019, but never informed anyone who was retiring between 2011 and 2018. This, she argued, was a material fact that was withheld from retirees, and which amounted to fraud. The Court was struck by the argument and asked Hill to prepare a brief for the Court before Judge Messitte makes his final decision on the State’s request for summary judgment. The brief is to be filed by July 31, 2023.
As a retiree, YOU have enjoyed the injunction that resulted from the suit brought by Fitch and United We Matter. Now is the time for each of you to write a letter to Governor Moore and to your State representative, explaining the impact of these changes on your health, on your finances, and on your very peace of mind. We need to make this personal.
Also, join United We Matter to get the latest updates on the developments in this case and in matters impacting your prescription plan. This group has worked for YOU for the past 5 years and continues to fight for your prescription benefits. Show them how much you appreciate what they have done for you. There is power in numbers, so do what you can to show support: show up, call, write letters, email – do something! Show the State of Maryland and your fellow retirees the power of MCEA.
Solidarity and unity,
Marilyn Miller
President, MCEA Advisory Board