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Name:
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Yankee06
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Subject:
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No Death Panels
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Date:
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8/17/2009 1:04:17 AM
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-Most of teh posts on this subject are using secondary sources. Most of these secondary sources are interpreting the HR3200 to support a dem/liberal position or a Repub/conservative position. We should stop using secondary sources for this subject because most of them are too partisan.
-Go to the primary source: Here is a copy of the famouse page 425 from HR3200 that is suppose to talk about "mandatory" end of life consults....
HR3200, pgs 424-425 (the numbers on teh left are line numbers):
-Advance Care Planning Consultation
21- ‘‘(hhh)(1) Subject to paragraphs (3) and (4), the
22- term ‘advance care planning consultation’ means a con-
23 sultation between the individual and a practitioner de-
24 scribed in paragraph (2) regarding advance care planning,
25 if, subject to paragraph (3), the individual involved has
Page 425
1-not had such a consultation within the last 5 years. Such
2 -consultation shall include the following:
3- ‘‘(A) An explanation by the practitioner of ad
4-vance care planning, including key questions and
5 -considerations, important steps, and suggested peo
6-ple to talk to.
7 -‘‘(B) An explanation by the practitioner of ad
8-vance directives, including living wills and durable
9- powers of attorney, and their uses.
10-‘‘(C) An explanation by the practitioner of the
11- role and responsibilities of a health care proxy.
12- ‘‘(D) The provision by the practitioner of a list
13- of national and State-specific resources to assist con
14 -sumers and their families with advance care plan
15- ning, including the national toll-free hotline, the ad
16-vance care planning clearinghouses, and State legal
17- service organizations (including those funded
18 -through the Older Americans Act of 1965).
19- ‘‘(E) An explanation by the practitioner of the
20- continuum of end-of-life services and supports avail
21-able, including palliative care and hospice, and bene
22-its for such services and supports that are available
23- under this title.
-You can see from the above wording that neither the word "mandatory" or "volutary" appears in the document. Without either of these words being directly stated, then a lawyer would state that line 25 of page 424 through line 2 of page 425 means mandatory. However, if the "intent" is "voluntary" as the administration claims, then the easy fix is just add teh word "volutary" How hard is that? The trouble is very few prople have actually read the bill, so the arguing goes on.
-Now the term "Death panel" which has come up in discussions on teh bill has lately been used in relation to page 425. I believe this is because most of the TV pundits haven't read the bill or know the background on this issue ---or they just want to obfuscate the truth. The Brits first used this term to refer to the panels that decide who gets what; what we are calling in our bill the "Comparative effectiveness" panels. These are the people who will decide who gets what rationed care. Teh example most commonly used is the panel decides who gets the by-pass surgery, --the 65 year old retired senio citizen or the 30 year old working father of five. But it's stated in dollar allocation so it doesn't sound so heartless. In other words, medicare will be cut by $50 billion so increased insurance access can be supported with $50 billion.
-IF you want to know what's in the bill, read it. If you kinda want to know what's in the bill, listen to both sides of the discussion and then try to figure out who has the better logic. If you don't really want to "know" what's in the bill, but want to support one side, then just listen to one side.
-(of course if you decide to read the bill, be prepared to go nuts! :)
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