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Full Text of the House Dem "Advanced Care Planning" end-of-life consultation
JEFFHEAD.COM ^ | August 9, 2009 | Jeff Head

Posted on 08/09/2009 10:35:59 AM PDT by Jeff Head

I have had many questions and comments regarding the PDF file of the House Democrat Health Care plan I made available for download on my site, HERE.

Most are, as am I, appalled at the plan and the wording of it...particularly when taken in context with the cited quote and views of the chief architect of the plan, and chief advisor to Obama on Health Care and Policy advisor to the Democratic Congress on HEalth Care, Dr. Ezekiel Emanuel, HERE.

Some however attempt to rationalize, or even make statements regarding the plan that just are not there, are not supported (at least IMHO) by fact, and certainly are at odds with the views openly stated by the chief advisor who has helped craft the plan.

This is particularly true when it comes to the end-of-life counseling portion of the plan identified pn page 425 of the plan where it amends the Medicare laws and thus applies to seniors over the age of 65.

So, I thought I would post the wording of that section, directly from the plan, but formatted so yuou can follow it. People need to make up their own minds.

The way I read it, the section makes the sessions required, it brings government bureaucrocy into life planning where the individual, the Dr. and family should make the sole decisions, and it open up the possibility for government health orders regarding the end-of-lie treatment of the elderly.

Far, far too much government involvement and power, particularly given the clear eugenics and infanticide reasoning of the auther.

Here it is. You decide.


‘‘Advance Care Planning Consultation

‘‘(hhh)(1) Subject to paragraphs (3) and (4), the term ‘advance care planning consultation’ means a consultation between the individual and a practitioner described in paragraph (2) regarding advance care planning, if, subject to paragraph (3), the individual involved has not had such a consultation within the last 5 years. Such consultation shall include the following:

-----‘‘(A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested peo1ple to talk to.

-----‘‘(B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses.

-----‘‘(C) An explanation by the practitioner of the role and responsibilities of a health care proxy.

-----‘‘(D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act of 1965).

-----‘‘(E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title.

-----‘‘(F)(i) Subject to clause (ii), an explanation of orders regarding life sustaining treatment or similar orders, which shall include—

----------‘‘(I) the reasons why the development of such an order is beneficial to the individual and the individual’s family and the reasons why such an order should be updated periodically as the health of the individual changes;

----------‘‘(II) the information needed for an individual or legal surrogate to make informed deci-sions regarding the completion of such an order; and

----------‘‘(III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy).

--------‘‘(ii) The Secretary shall limit the requirement for explanations under clause (i) to consultations furnished in a State—

----------‘‘(I) in which all legal barriers have been addressed for enabling orders for life sustaining treatment to constitute a set of medical orders respected across all care settings; and

----------‘‘(II) that has in effect a program for orders for life sustaining treatment described in clause (iii).

--------‘‘(iii) A program for orders for life sustaining treatment for a States described in this clause is a program that—

----------‘‘(I) ensures such orders are standardized and uniquely identifiable throughout the State;

----------‘‘(II) distributes or makes accessible such orders to physicians and other health professionals that (acting within the scope of the professional’s authority under State law) may sign orders for life sustaining treatment;

----------‘‘(III) provides training for health care professionals across the continuum of care about the goals and use of orders for life sustaining treatment; and

----------‘‘(IV) is guided by a coalition of stakeholders includes representatives from emergenc medical services, emergency department physicians or nurses, state long-term care association, state medical association, state surveyors, agency responsible for senior services, state department of health, state hospital association, home health association, state bar association, and state hospice association.

‘‘(2) A practitioner described in this paragraph is—

‘‘(A) a physician (as defined in subsection (r)(1)); and ‘‘(B) a nurse practitioner or physician’s assist1ant who has the authority under State law to sign orders for life sustaining treatments.

‘‘(3)(A) An initial preventive physical examination under subsection (WW), including any related discussion during such examination, shall not be considered an advance care planning consultation for purposes of applying the 5-year limitation under paragraph (1).

‘‘(B) An advance care planning consultation with respect to an individual may be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual, including diagnosis of a chronic, progressive, life-limiting disease, life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a skilled nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program.

‘‘(4) A consultation under this subsection may include the formulation of an order regarding life sustaining treatment or a similar order.

‘‘(5)(A) For purposes of this section, the term ‘order regarding life sustaining treatment’ means, with respect to an individual, an actionable medical order relating to the treatment of that individual


I see nothing in this wording that makes these "sessions" elective and voluntary.


TOPICS: Culture/Society; Extended News; Front Page News; Government; News/Current Events
KEYWORDS: 111th; agenda; bhohealthcare; death; democrats; endoflife; euthanasia; healthcontrol; moralabsolutes; nobama; obamacare; obamatruthfile; prolife; readthebill; seniors; socializedmedicine; solventgreen
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To: Jeff Head

Well what I want to know today is why isn’t Ted Kennedy or one of the kiddos personally requesting Eunice Shriver be given the needle immediately. It would be so symbolic. Show you can walk the walk f’ers. Put the old lady down. What? Not until the last medical option is exhausted? Wait, what?

This ought to be front center on any debate.


61 posted on 08/09/2009 3:20:03 PM PDT by kinghorse
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To: Jeff Head
"So a physician, nurse, or physician's assistant will be greatly contained by what a board of government officials and others determines is best, in advance, and based on a set of life year formula. "

Jeff...Got to admire your patience with trolls.

I guess because I'm so much older than you, I don't have enough left to share with obamabot trolls whose only purpose here is to support their master.

How about posting the Figure from EJE's screed. Can't argue too effectively over verbiage with that.

It is a clear and striking mnemonic for the abhorent philosophical foundation for the WH's 'death panel' strategy:

This graphic is worth ten-thousand words!

62 posted on 08/09/2009 3:41:20 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: Jeff Head

I’ve noticed a change in the last few days where some of those who say that the bill doesn’t have mandatory requirements where they are now saying that the final bill hasn’t even been written now so these things should not be discussed at all — not until such time as a bill is passed should this be brought back to the table.

In the meantime, we need to get back to business as usual and let the good old boys enjoy their vacation.


63 posted on 08/09/2009 3:46:47 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, then writes again.)
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To: stormer
" I don't see anything wrong with folks developing a strategy to ease the transition for themselves and their families."

That's not even in this bill. What is in the bill is the top of a precipitously steep slope, the bottom of which is called Madatory Euthanasia.

64 posted on 08/09/2009 4:25:27 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: Jeff Head

Everything is an “order”.

And what if the “practitioner” doesn’t sign the “order for life sustaining treatment”?

Can you get a second opinion? Maybe from Fidel?

[Mr] T


65 posted on 08/09/2009 4:32:08 PM PDT by trooprally (Never Give Up - Never Give In - Remember Our Troops)
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To: Jeff Head
All over Craigs List- BEFORE TownHalls started. Which party was seeking peeps to hold signs & attend meetings?

Health Care: Obama’s Mercenaries Vs. Freedom Fighters

66 posted on 08/09/2009 4:32:08 PM PDT by meadsjn
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To: stormer
I don't see...
67 posted on 08/09/2009 4:33:55 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: Jeff Head

Both links have gone dead.


68 posted on 08/09/2009 4:36:05 PM PDT by cookcounty ("Education is not the filling of a bucket, but the lighting of a fire." ---Yeats)
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To: SuperLuminal
Hey SL...I'm approaching that magical double nickel so I am well past the cut of of 40 on the prime list these marxists want to impose.

We take care of my 84 year old Mom who developed some pretty severe dimensia after my Dad died. I sware before God and angels that I will not alow them to cut her off before the good Lord calls her home.

69 posted on 08/09/2009 4:43:05 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: cookcounty

Both working for me fom Idaho. The good one in the thread (1st) and the 2nd in post 2 or 3.


70 posted on 08/09/2009 4:44:53 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: buffyt
"Health care should NOT be about abortion and Euthanasia!
It should be about CURING illness!"

We're already halfway there - Healthcare today is not about curing anything; its about prescribing drugs that will mask your symptoms while you go about the business of dying.

71 posted on 08/09/2009 4:45:58 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: Jeff Head; cookcounty
"Both working for me fom Idaho"

The test is do they work after clearing your cache!

72 posted on 08/09/2009 4:48:13 PM PDT by editor-surveyor (The beginning of the O'Bummer administration looks a lot like the end of the Nixon administration)
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To: Alamo-Girl

Exactly! Of course end of life decisions are being made every day across America now - between families and the patient and their DOCTORS. Living wills are required by most hospitals now.

But that said, there is NO, NOne NADA justification for the federal government to be involved, to write about, to have any say so in such decision making.

THAT is the issue. Why is this even in this bill at all?????


73 posted on 08/09/2009 4:53:14 PM PDT by Freedom'sWorthIt (Obama's Deathcare ---- many will suffer and/or die unnecessarily.)
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To: long hard slogger; FormerACLUmember; Harrius Magnus; hocndoc; parousia; Hydroshock; skippermd; ...


Socialized Medicine aka Universal Health Care PING LIST

FReepmail me if you want to be added to or removed from this ping list.

**This is a high volume ping list! (sign of the times)**


74 posted on 08/09/2009 6:16:01 PM PDT by socialismisinsidious ( The socialist income tax system turns US citizens into beggars or quitters!)
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To: Jeff Head

great stuff there, thank you


75 posted on 08/09/2009 6:36:34 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: stormer
Picture games! I love picture games!
76 posted on 08/09/2009 6:48:09 PM PDT by WhistlingPastTheGraveyard (Some men just want to watch the world burn.)
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To: Jeff Head

My God. Since when does anyone other than myself and my doctor have a say in any medical decision? (I know some say insurance companies do, not part of this discussion)

I am 55 now. WHen the day comes that someone says I shall have one of these consultations, I will tell them they can go straight to hell.

Let them deny medical coverage because of my refusal to be a part of this, let them impose fines or whatever the hell else they will try to do—the squeaky wheels will get the grease.

Rahm’s brother has never practiced a day in his life. An oncologist by training. But he must not have been able to make it as a doer so he became a thinker and he thinks the rest of the world gives a damn. He is an ethicist. A philosopher. He has no clue what real life is like when people are fighting for their lives. People like him are dangerous.


77 posted on 08/09/2009 7:09:18 PM PDT by Protect the Bill of Rights (I piddy da foo if JimmyT zots you)
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To: betty boop
People WAKE UP! Your life and liberty are being stolen from you in broad daylight by a gang of Chicago-style THUGS.

Indeed!

Thank you so very much for your encouragements, dearest sister in Christ!

78 posted on 08/09/2009 9:29:19 PM PDT by Alamo-Girl
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To: Freedom'sWorthIt
Indeed. If people just think about that question ("Why is it in the bill at all?") I think they'll come to about the same conclusion you have.

Also, it should be noted that the section only counsels for the benefits of dying early - it doesn't suggest counseling on the pro/con of various options like the family would with their doctor.

Thank you so much for your encouragements!

79 posted on 08/09/2009 9:34:17 PM PDT by Alamo-Girl
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To: stormer

You have been around here far too long to fall for this congressional crap. I take it based on your tinfoil hat comeback that you are all for the congressional health care, oops, the end of health insurance as we know it plan, and that you buy into the plan hook line and sinker, that to add the quote 47, or 50 million people to government health care, excuse me insurance reform, isn’t going to cost us a dime more, and is the pot of gold at the end of the rainbow, “so to speak”.

Here is my bottom line as an example: I owe my life to the present system, developed over a couple of centuries. That system gave me what I needed when I needed it and my present health insurance was able to cover a great deal of the 80,000 dollars it took to extend my life six years so far.

Senator Tim Johnson, owes his life to that same system, Senator Ted Kennedy also, and I’m betting a number of other Senators and Congressmen. Now those who have so benefited, are willing to throw our system to the dogs, and do a complete makeover, as long as the system they enjoy, remains the same. Somehow that strikes me as a bit of a stretch, in the name of what, Reform, or a power grab.

If there was no rush, and a willingness for test case, test run, and sunset clause on the test, maybe, but the bums rush to get this done, without a sunset to avoid a disaster, I see this as nothing more than an orchestrated power grab the likes of which we have never seen before. The beneficiaries appear to be government, and the new bureaucracies to run the plan all based on the false premise that the present system is broken. There is no proof what so ever that statement is based in fact. Not where my health care is evidence.


80 posted on 08/10/2009 4:00:24 AM PDT by wita
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