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Brian Hall et al., Petitioners v. Kathleen Sebelius, Secretary of Health and Human Services, et al. No. 12-262 was a United States Supreme Court Case decided in November 2012 involving the question of whether or not the Secretary of Health, then Kathleen Sebelius, is required to provide a means for those with Social Security benefits to terminate Medicare benefits.〔(【引用サイトリンク】 work =Justice.gov )〕〔(【引用サイトリンク】 work =Justice.gov )〕〔(【引用サイトリンク】 work =CATO Institute )〕 Brian Hall, along with the other petitioners, had made full payments into Social Security accounts. They were therefore automatically entitled into Medicare. However, they did not invoke its use and preferred their own private health insurance. However, statutes allowed this only if they also gave up Social Security, and they did not wish to also cancel their Social Security benefits. The courts ultimately ruled that since they were not required to use their Medicare benefits, they could not be allowed to cancel Medicare coverage without also cancelling Social Security benefits.〔〔〔 ==Background== In 1965 Congress amended the Social Security Act to establish the Medicare program. The criteria for receiving Medicare benefits were: #At least 65 years of age #Is entitled to Social Security payments〔〔〔 Under this provision, if an individual were eligible for Social Security, they would automatically be entitled to Medicare. The Medicare act was later amended to allow those not automatically entitled via Social Security to apply and enroll through another process. The Programs Operations Manual System called for termination protocol. It explains that if someone is no longer entitled to, or wishes to end, Social Security benefits they must begin the process and pay back all accrued payments. Said person is therefore also no longer entitled to Medicare benefits. Accordingly, to disclaim Medicare, one must first disclaim Social Security and repay all payments. The Secretary of Health and Human Services, however, declared that one is not required to use Medicare benefits if they are using Social Security benefits.〔〔〔 Brian Hall, John Kraus, and Richard Armey, all former public federal employees, were all entitled to both Social Security and Medicare. They desired to end all Medicare benefits since it interfered with their private medical insurance, and petitioned to the Secretary of Health and Human Services, Kathleen Sebelius, that the protocol requiring them to keep those benefits despite not exercising them was in error and should be overruled, alleging that the Social Security act and the Medicare act were in conflict.〔〔〔 Hall et al. appealed the case once more to the US Federal Circuit for a writ of certiorari.〔〔〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Hall v. Sebelius」の詳細全文を読む スポンサード リンク
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