Erb et al. versus McClellan

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 . . .