AP Fact Check: No "Death Panel" In Bill

Health Care Proposal Allows Medicare to Pay for Counseling on End-of-Life Issues

(AP)  Former Republican vice presidential candidate Sarah Palin says the health care overhaul bill would set up a "death panel." Federal bureaucrats would play God, ruling on whether ailing seniors are worth enough to society to deserve life-sustaining medical care. Palin and other critics are wrong.

Nothing in the legislation would carry out such a bleak vision. The provision that has caused the uproar would instead authorize Medicare to pay doctors for counseling patients about end-of-life care, if the patient wishes. Here are some questions and answers on the controversy:

Q: Does the health care legislation bill promote "mercy killing," or euthanasia?

A: No.

Q: Then what's all the fuss about?

A: A provision in the House bill written by Rep. Earl Blumenauer, D-Ore., would allow Medicare to pay doctors for voluntary counseling sessions that address end-of-life issues. The conversations between doctor and patient would include living wills, making a close relative or a trusted friend your health care proxy, learning about hospice as an option for the terminally ill, and information about pain medications for people suffering chronic discomfort.

The sessions would be covered every five years, more frequently if someone is gravely ill.

Q: Is anything required?

Monsignor Charles Fahey, 76, a Catholic priest who is chairman of the board of the National Council on Aging, a nonprofit service and advocacy group, says no.

"We have to make decisions that are deliberative about our health care at every moment," Fahey said. "What I have said is that if I cannot say another prayer, if I cannot give or get another hug, and if I cannot have another martini - then let me go."

Q: Does the bill advocate assisted suicide?

A: No. It would block funds for counseling that presents suicide or assisted suicide as an option.

Q: Who supports the provision?

A: The American Medical Association, the National Hospice and Palliative Care Organization and Consumers Union are among the groups supporting the provision. AARP, the seniors' lobby, is taking out print advertisements this week that label as false the claim that the legislation will empower the government to take over life-and-death decisions from individuals.

Q: Should the federal government be getting involved with living wills and end-of-life questions - decisions that are highly personal and really difficult?

A: It already is.

The government requires hospitals to ask adult patients if they have a living will, or "advance directive." If the patient doesn't have one, and wants one, the hospital has to provide assistance. The mandate on hospitals was instituted during a Republican administration, in 1992, under President George H.W. Bush.

Q: How does a living will work, and how is it different from a health care proxy?

A: A living will - also called an advance directive - spells out a patient's wishes if he or she becomes incapacitated. Often people say they don't want to be kept alive on breathing machines if their condition is terminal and irreversible.

A health care proxy empowers another person to make medical decisions should the patient become incapacitated.

There's also a power-of-attorney, which authorizes another person to make financial decisions for someone who is incapacitated.

Such legal documents have become standard estate-planning tools in the last twenty years.

Q: Would the health overhaul legislation change the way people now deal with making end-of-life decisions?

A: It very well could.

Supporters of the provision say the main consequence would be to formally bring doctors into a discussion that now takes place mainly among family members and lawyers.

"When you execute a legal document with your lawyer, it ends up in your files and in the lawyer's files," said John Rother, a senior policy and strategy adviser for AARP. "Unless the doctor is part of this discussion, it's unlikely that your wishes will be respected. The doctor will be the one involved in any decisions."

The American Medical Association says involving doctors is simple common sense.

"There has been a lot of misinformation about the advance care planning provisions in the bill," AMA President Dr. James Rohack said in a statement. "It's plain, old-fashioned medical care."

Q: So why are some people upset?

Some social conservatives say stronger language is needed to protect seniors from being pressured into signing away their rights to medical treatment in a moment of depression or despair.

The National Right to Life Committee opposes the provision as written.

"I'm not aware of 'death panels' in the bill," said David O'Steen, executive director of the group. "I'm not aware of anything that says you will be hauled before a government bureaucrat. But we are concerned ... it doesn't take a lot to push a vulnerable person - perhaps unwittingly - to give up their right to life-sustaining treatment."

The White House says it is countering false claims with a "reality check" page on its Web site, www.whitehouse.gov.

[Stephen_Limbaugh_III]

Go back and read specifically this part of the section:

15 ?(iii) A program for orders for life sustaining
16 treatment for a States described in this clause is a
17 program that?

5 ?(IV) is guided by a coalition of stake-
6 holders includes representatives from emergency
7 medical services, emergency department physi
8 cians or nurses, state long-term care associa
9 tion, state medical association, state surveyors,
10 agency responsible for senior services, state de-
11 partment of health, state hospital association,
12 home health association, state bar association,
13 and state hospice association.

10 ?(4) A consultation under this subsection may in-
11 clude the formulation of an order regarding life sustaining
12 treatment or a similar order.


Seriously? A coalition of stake-holders one of which is the State Bar Association? You should do some real fact checking AP before you say those death panels don't exist. Sure the term is political, but it doesn't change the facts that a bunch of lawyers are going to be making HC decisions for seniors.

Also look at the wording... "may include the formulation of an order regarding life sustaining treatment or a similar order" doesn't mean they MUST.

Looks like Palin has a little higher level of reading comprehension than CBS and the AP.

Ms. Palin continues to exemplify her serious lack of what is actually happening in the halls of Congress.
Her 'foot in mouth' disease is indicative of a person who opens their mouth before engaging their brain.
We Americans should be thankful that this lady was not elected to the Vice Presidency. With MUCH tutoring on her part she MIGHT be able to fill the shoes of one the most persons in the word. I use the term 'might' because God can and does change people (I think in this case He has a lot of changing to do [editoral comment]).
With Ms. Palin resigning as govenor of Alaska (perhaps to enter the world of paid professional speakers) one would expect that her actions verge on putting herself, as it were, out to political pasture.
As many of us review the previous presidential or vice presidental candidates, Ms. Palin's qualifications quite possibly would be on the bottom attempting to support truly more qualified candidates.

[Sloughfoot]

At over a 1000 pages in lenght I didn't get further than the "Panel" Commission actually, of people as appointed by the President to oversee the adminstration of the program. Hey, they get to vote upon your future health care. I wonder if John Q Public's care will be on par with Ol' Pelosie's

[canubthatstupid]

HIS ON WORDS: What's up CBS where my reporters at?

Question: "Outside the medical criteria for prolonging the life of someone who is elderly, is there any consideration that can be given for a certain spirit, a certain joy of living, or quality of life; or is it just a medical cut off at a certain age?"
President Obama: "Yeah, we're not gonna solve every difficult problem in terms of end of life care. A lot of that is going to have to be we as a culture and a society making better decisions within our own families and for ourselves. But what we can do is make sure that at least some of the waste that exists in the system that is not making anybody's mom better that is loading up on additional tests or additional drugs that the evidence shows is not going to improve care, that at least we can let doctors know and your mom know that, you know what, maybe this isn't gonna help. Maybe you're better off not taking the surgery, but taking the painkiller."

[canubthatstupid]

Hey Kool aide Dems: try and cool off a second. I'm so sorry a strong conservative attractive women gets you guys so worked up. Unlike your so called talking Bi-haircut role models. just think about what is being said: end of life counseling Why? could it be that you are being conditioned slowly! At some point there will be a $ figure put on this, if you don't think so then you are crazy. When was the last time you tried and explain something to your grandmother or for that matter any senior.Lets say over 75+? They are very trusting so I know lets have someone in authority with a white coat say sign here. NO GRAMMY NO! By the way I would assume most of you are 30-50 on this sight. Guess what you are GRAMMY in say 20 years!!! SIGN HERE!!! please do sign NOW save us the trouble. SLIPPERY SLOPES FOLKS!!!! So keep drinking the Kool Aide you just might really have to one day. By the way this solves the Social Security insolvency doesn't it.

[licht1]

First appointment to Death Panel.

See:

http://notionscapital.wordpress.com/2009/08/09/paula-abdul-named-to-obama-death-panel/

[mollydtt]

Alabamabraintrust--
Quit shouting.
And to address your questions about the health panel--theoretically, these town hall meetings that are *supposed* to be a way to hear the citizens speak about their concerns (they aren't really--they're just shouting matches and fights)--anyway, theoretically, you and I get to sound off about what we want and don't want. The panel will probably not include any deranged people that just want to scream--but at some point in the future, perhaps there will be a federal health option---or two, or three.

Option.

Option.

No one will be forced to enroll in it.

It would be an option.


In the future, even those of us that have health insurance won't be able to afford it if the only option is Blue Cross, or Anthem, or Humana.

Why do you think people go to Canada to get their prescriptions filled....
Didn't anyone ever think that the town hall meetings are a way to discuss the details? Too bad everyone is too mad to discuss anything. The panel will just have to "guess" what the public wants.

[mollydtt]

I was never a fan of Sarah Palin--but now? She was deliberately trying to scare people, and to slander not just the democrats, but the republicans that actually wanted to include the the living will provision.
She isn't just ill-informed--she is trying to further her own agenda (using her *family* to do it).
Plus--wasn't Palin horrified that anyone would mention her family members to make a joke? She uses her family members to slander everyone else.
When will she just be quiet and go away.

[maghop]

for all those who balk against the canadian healthcare system! how much do you pay each month? why were americans buying prescription drugs from canada? why? because it's affordable. on the westcoast where i am from i pay 108.00 canadian a month for health insurance, and let me just add, it's 100% coverage, i see whatever doctor i wish to choose, and guess what? that 108.00 per month covers my wife and son also. so i ask again. how much do you pay? you can call canadian health insurance whatever you want, but it's sure as hell more cost effective than the current american system. so continue to pay more and get less. it's the american way,right!!

[babooph]

Just because one is a great tupperwear hostess does not mean they understand what they may read.

[mary-miami]

Republicans are using lies and scare tactics. They should be patriotic and realize that all Americans deserve to see a doctor if they need to. No one is going to lose rights; but many will get rights to have healthcare. This healthcare reform is balancing human rights for everyone, not a select few people. If you have health insurance and like your doctor, no one will take that from you; what will happen is that other Americans who have no access to healthcare will finally (after many years) get a doctors checkup and treatment if they need it. It's the American way to be generous. We as a nation need to come together and take care of our people. Healthcare is a human right. Quality of life is as important as life itself.

[scoobydob]

WHAT ABOUT ALL THE DETAILS FOR THIS NEW FEDERAL PUBLIC OPTION PLAN THAT IS TO BE DECIDED BY A PANEL?

WE DON'T KNOW WHTA IS OR IS NOT IN THE PLAN?

WE DO KNOW THERE IS AN EXTREME INTEREST IN END OF LIFE PLANNING FOR THE OLD.

WE DO KNOW THAT "ALL MEDICAL PRODECURES" ARE IN THE PLAN TO ALLOW FOR FEDERALLY FUNDED ABORTIONS.

THE MAIN REASON THE RIGHT IS CONCERNED ABOUT THIS IS THAT THERE ARE NOW DETAILS. THERE ARE NO LIMITS. THERE ARE NO MINIMUMS. EVERYONE WILL BE WAITING FOR THE HEALTH PANEL TO MAKE THEIR DECISIONS.

MEANWHILE, THE FEDS ARE GOING TO TRY TO PUT THE PRIVATE INSURERS OUT OF BUSINESS SO THAT THERE IS ONLY A PUBLIC OPTION...OTHERWISE KNOWN AS A SINGLE PAYER SYSTEM...A SYSTEM BEING PUSHED BY THE LEFTIES LIKE FRANK, SCHUMER, & OBAMA IN 2003.

This sadly, is all they have lies and shouting, even in this format.

[scoobydob]

When are the borg brown shirts going to stop their facist tactics at the town hall meetings. These are the same tactics used by hitlers followers. But then that's what comes from the kind of people who follow the likes dink cheney, sorry pallid, lush limpbaugh, and silly billy o'really.

[Clearsop]

Listen to talk radio or what Fox News. Lying is a conservative value. Leo Strauss, the father of neoconservatism believe that a group of conservative intellectuals would use noble lies to control they conservative base. These noble lies would use patriotism and religion. We are hearing noble lies from the conservative propaganda machine.

?The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly - it must confine itself to a few points and repeat them over and over?

Joseph Goebbels

[MPHgrad]

thereisnomainstreammedia:

Taxes are supposedly 'voluntary' today but in actuality taxes are 'mandatory' now & tomorrow. The committee to control 'end-of-life' issues is code for 'death panel' & will turn into a 'death panel' for sure to control the cost of health care given to the elderly, plain and simple! Like taxes, what is 'voluntary today will become mandatory tomorrow' when it comes to Government-Run Health Care systems.
This HealthCare Bill will destroy the USA. Read it for yourself!

uhh yeah
and the moon is made of blue cheese.

Seriously,

If people are this dead set against it, then opt out. Do not sign up for it. Just as the post office is doing so poorly now as people have chosen UPS and Fedex for their most sensitive parcels, people will certainly still have that choice in this, the USA. So, just don't buy into the plan stick with the oh so lovely private plans you have today and even when they cancel your policies or refuse to insure you because you get a serious illness, die with the dignity of knowing you stuck it to Obama and stuck by your political party despite all logic.

[jjp735i]

What a surprise Palin's statement was, or rather not was. Palin played on the fears of the elderly and the ignorance of the uneducated. A regular tactic often used by the Republican Party any more.

It's a shame that people cannot have a clear discussion about health care or pretty much anything any more. If the Republican Party wants the people of this country to support them, then they need to stop pushing the scare tactics of the Bush era and start telling a true reason to change a bill and allow all sides to work out an issue. It's not just the Republicans. The Dem's do it to and in the end it's the people who placed them in office who gets lied to and taken.

But the really true sad thing is remarks like Palin made show just how poor our education system is.

[MPHgrad]

Very good point jjp735i.

especially the part about the poor education system. I watched some of the town hall meetings and watched many ignorant people yell and scream about euthanasia saying they'd read it in the bill. From what source did they get their version. Further, are you kidding me? Do they not remember the big debacle regarding Terry Schiavo a few years ago and they think euthanasia would float today?

I concur, stop with the scare tactics and tell the truth on both sides. We need to curb spending. We need to spur competition and force individuals to act more conservatively with health care spending. We need to have providers acquiesce and attempt less invasive and less expensive forms of care.
A recent study determined we get far less "bang for the buck" when it comes to technology in health care because the machines have to be used so many times to break even and usually by then the technology is obsolete. Just one of a many issues plaguing our system.

[bantamei]

The healthcare bill should have been written at the 6th grade level so the ignorant conservatives could read it.

[SugrDaddy]

Hey Sarah, honor a solider, quit making stuff up!

[Oregon_State_OSU]

I prefer "DEATH SQUADS" instead of "Death Panels" its much quicker with less red tape.

[erasmus111]

I'm thinkin' she shouldn't have quit her job. The way she's going, she'll never be able to get another one.