UPDATED: Superior Court Judge Grants Stay for RISE DE in Medicare Issue

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A Superior Court judge has granted a motion for stay for RISE Delaware, Inc. This comes after the state told retirees and employees holding Medicare Supplemental Health Plans to switch to Medicare Advantage. Judge Calvin Scott concluded that the Plaintiffs show the issues are substantial and that they will suffer irreparable harm. And defendants’ implementation of a Medicare Advantage Plan for state retirees and acceptance of enrollment into the Plan – including by way of automatic enrollment in the open enrollment period currently in effect for State retirees is stayed until further Order by the Court. Defendants must also ensure that the healthcare insurance and benefits available to State retirees prior to October 3, 2022, in which they were enrolled prior to that time, remain in full force and effect.

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Delaware Senate President Pro Tempore Dave Sokola, Senate Majority Leader Bryan Townsend, and Senate Majority Whip Elizabeth Lockman issued the following statement regarding the Delaware Superior Court’s ruling today: 

“Our number one concern is the health and welfare of State pensioners. 

After hearing the concerns of State retirees, we requested a pause in the Carney Administration’s planned transition to a new, privately managed health care system. 

Now that a pause has been ordered by the Delaware Superior Court, we intend to use this opportunity to continue our efforts to work with State pensioners to ensure any changes to their healthcare benefits live up to our commitments to them, protect their health and welfare, keep the program solvent, and are properly communicated.” 



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