October 30, 2009

House Health Care Bill Contains End-Of-Life Counseling

The AP reported last night that the House health care reform bill indeed contains provisions for end-of-life counseling, which generated so much controversy over the summer when it was included in earlier version of the bill. Former Alaska Governor Sarah Palin dubbed this counseling "death panels"--a bit of an overstatement I think--and it was off to the races.

I figured the Democrats were smart enough to strip these provisions out of the House bill, but no. The reality is the counseling likely wouldn't make its way into an eventual combined House-Senate bill because over in the more adult chamber the Dems are struggling to land votes. You can read the language of the end-of-life counseling beginning on page 641 of the bill, downloadable here.

While the language does state that such counseling would be strictly voluntary, I can appreciate why some people object to the Congress legislating much of anything about end-of-life because it seems just as weird to me as the bill's many Nanny State provisions--yay, the government is going to tell me how many calories are in restaurant food because I'm too stupid to figure out that a Big Mac is fattening!--and its provision encouraging workplace wellness plans to create positive mental health in the workplace. Can't business owners work that kind of thing out for themselves? Or is the government to regulate our moods now, too? I feel roughly the same about the end-of-life counseling--it's something the government is best keeping its nose out of.

Interestingly, the prime backer of the counseling is Rep. Earl Blumenauer (D-Oregon) who I dealt with many times when I was a reporter in Portland. I found him to be very smart, very quirky (bow ties, biking everywhere, showing up for endorsement interviews in biking shorts) and very committed to whatever his particular position was, often to the point where you couldn't ask legitimate questions.

He told the AP:

"'There is nothing more basic than giving someone the option of speaking with their doctor about how they want to be treated in the case of an emergency,' said Rep. Earl Blumenauer, D-Ore. 'I think the outrageous and vindictive attacks may have backfired to help raise awareness about this problem, which is why it's been kept in the bill.'"

Blumenauer knows damn well that there's a lot more in this portion of the bill than emergency treatment. There's consulting on wills, living wills, and "[a]n explanation by the practitioner of physician orders regarding life sustaining treatment."

I bet you this blows up all over cable news and the blogosphere later today. Stay tuned.

Posted by Philip Dawdy at October 30, 2009 12:01 AM
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Comments

Philip, I've disagreed with your libertarian take in the past on such issues, respectfully. This time, just as respectful.

Do you need to use a loaded term like "Nanny State" to describe any attempt by government to ensure all citizens have access to key services and information?

You imply that businesses and citizens can and should take care of themselves on many of these issues. Clearly, that approach doesn't seem to be having the desired results, if US obesity and death-by-no-health-insurance rates are any measure. Isn't it time to try alternatives to Adam Smith's broken invisible hand in solving some of these social problems?

I can appreciate the pragmatic reasons for your not wanting any kind of euthanasia idea as part of a health bill, but how exactly is a death-counselling provision a "Nanny State" notion? Wouldn't allowing citizens this kind of right speak directly to the intent of the American libertarian spirit? If I choose to control my destiny as a terminally ill patient in a way that suits my sense of justice, I would want my doc to be absolved of any responsibility, under law, in helping me to exercise that right. Wouldn't you?

Posted by: The Skeptic at October 30, 2009 04:42 PM

Skeptic: I don't really see this particular measure in the bill as being nanny state--even though i said it strikes me as being weird as the bill's other nanny statist bits. i just see it as being odd. anyway i've supported death with dignity legislation in both oregon and washington (i voted for the one in washington last year), but as far as i know those are the only state with such laws.

and yes i'd want your doc absolved. but i'm not sure this portion of the bill relates to that.

Posted by: Philip Dawdy at October 30, 2009 04:57 PM

Cool. Thanks for clarifying your position. I will take a closer look at the bill before offering more opinion.

Posted by: The Skeptic at October 30, 2009 05:04 PM
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