Obamacare End-of-Life Counseling Provision: History, Clauses & Consequences

September 11, 2009 by  
Filed under Health Rights, Healthcare Plans

Author Wesley J. Smith and American Thinker columnist Rita Marker provide cogent analysis of the Obamacare End-of-Life Counseling Provision. Marker traces the history of the provision and pinpoints future consequences. A must read.

Obamacare: Assisted Suicide Promoting Congressman Behind End of Life Counseling Provision
Sunday, September 6, 2009, 6:41 PM
Wesley J. Smith

The brouhaha over end of life counseling that caused the first of many leaks that have begun to sink the Obamacare boat was written by an assisted suicide advocate Congressman from Oregon named Earl Blumenauer–working in close association, with–surprise, surprise!–the assisted suicide advocacy group Compassion and Choices.  Rita Marker traces the history of the clause in an important piece in the American Thinker. From her column:

Blumenauer’s “end-of-life” terminology is part and parcel of Section 1233.  Clearly expressing his ownership of the section, he described an incident that took place when he was presiding over House proceedings.  Writing about Section 1233 in the Huffington Post, Blumenauer stated, “Actually, I know a little bit about this section because it’s a bill that I wrote which was incorporated into the overall legislation.”called the “Advance Planning and Compassionate Care Act.”

In fact, a portion of that bill, (Sec. 211, p. 50) makes up almost the entirety of Section 1233. Although Blumenauer and other defenders of Section 1233 vociferously deny that it could have anything to do with assisted suicide, his earlier bill acknowledged that assisted suicide would be included in such consultations.  Since federal law currently prohibits federal funding from being used for “items and services” related to assisted suicide, Blumenauer inserted language into HR 2911 (Sec. 111, p. 19) stating that advance care planning “shall not be construed to violate the Assisted Suicide Funding Restriction Act of 1997.”   That exception did not make its way into HR 3200, probably because any reference to assisted suicide would raise red flags.

Supporters of the section have been shocked, shocked, that anyone could think that there was an agenda at work. And wait, there is another bill in the Senate that would apparently make end of life counseling anything but voluntary for the physicians:

Blumenauer is not the only lawmaker to propose advance care planning consultations.  Senator Mark Warner (D-VA) introduced a similar bill, curiously called the “Senior Navigation and Planning Act of 2009″ (Warner told Medical Futility that he submitted the legislation because Congress is considering health care reform and he would like to see some of his ideas incorporated into that legislation.   His bill (Sec. 6, p. 14) would force doctors to provide information on advance directives and other end-of-life planning tools in “a form and manner, and at a time, determined to be appropriate by the Secretary [of Health and Human Services].” The consequence for not doing so would be severe.  No payment would be made to physicians for any items and services furnished after January 1, 2014,  unless they agreed (under a process established by the Secretary) to provide individuals with information on advance directives and other end-of-life planning tools.

Technically, a patient would not be forced to have an advance care planning consultation. However, physicians would be unlikely to treat them unless they agreed to do so since doctors who didn’t provide the end-of-life talk would not be paid for any other services.

Now perhaps we know why an explicit voluntary clause for both patient and doctor was not put into HB 32oo.  Remember what I have been saying: It’s not the bill you have to worry about as much as the regulations.

…SB 1251 creates an advisory panel that would have bioehticists and other assorted people with a special interest in the field as members. From the legislation:

SEC. 5. SENIOR NAVIGATION ADVISORY BOARD.
(a) Establishment- The Secretary of Health and Human Services shall establish the Senior Navigation Advisory Board (in this section referred to as the `Advisory Board’).
(b) Membership- The Board shall be comprised of advocates, researchers, government officials, health care providers, ethicists, caregivers, and other individuals with expertise in issues related to end-of-life care.

Townhall Protests + Obama Health Care + Congress = Pandora’s Box: Citizens vs Congress.

Rights Radio w/ Dr. Joyce Starr: Have Townhall Protests Over ObamaCare Opened Pandora’s Box re Citizens vs Congress? Are the toughest questions only an election away? Show Date: August 13, 2009.

Members of Congress, as we pointed out previously, receive their income for life – no matter how many or few years they serve – and the best healthcare your money cannot buy.

Yet, the citizens have no real control over their votes or actions, have little information about campaign contributors (until watchdog groups demand this information) and are left in the dark about the lobbyists who court Members of Congress once they’re elected.

Is this about to change? Is the present prologue? [See our article and listen to our show on Mandated Healthcare. Obamacare: Will Senior Citizens be Safe or Sorry With Government Mandated Healthcare? Valid Solution or www.Healthcare.con?]

Tough Questions for Member of Congress:

  • Can you promise I will not lose my private plan or doctor under any healthcare bill
    that you vote for?
  • Can you promise that you will enroll in the new healthcare plan if it passes?
  • Can you promise that the healthcare plan you vote for will not lead to higher deficits?
  • Can you promise that government bureaucrats will not ration health care?
  • Can you promise to personally read every bill you vote on?
  • Can you promise to disclose all money and gifts you receive from lobbying groups on your website?
  • Can you promise that you will vote to reduce retirement benefits to Members of Congress
    and restrict the number of years that such benefits can be received?
  • Can you promise to hold regular Town Hall meetings in your state and listen to questions raised?

How to Listen: Bookmark this page. You can listen to the instant replay below. You can also hear the show live on our Self Help Hour page on August 13 at 6:00 pm EST.

Share this page with friends. Copy and paste: http://tinyurl.com/townhall-protests

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To your empowerment!

Dr. Joyce Starr

Obamacare: Will Senior Citizens be Safe or Sorry With Government Mandated Healthcare? Valid Solution or www.Healthcare.con?

Is Obamacare a Solution or Threat for Senior Citizens? Dr. Joyce Starr & Dr. Lawrence Hunter discuss government-run national health care on the Rights Radio Self Help Hour. Show Date: July 16, 2009.

The President and Congress are vaulting toward…national health care. Dr. Lawrence Hunter, founder and president of the SocialSecurityInstitute.com and PatientOptOut.com warns that you will not be able to keep your insurance, choose your own doctors or control your own health if they succeed.

10.3 million citizens on medicare advantage – 23 percent of pool – will be thrown off the plan.  Yet, a recent study finds that medicare advantage results in less emergency and regular admissions.

Obamacare?

Obamacare?

According to Dr. Hunter, you will be forced to pay for the government-mandated healthcare “before you pay your mortgage, put food on your table for your family and put gas in your car.”

“You will have few or no options to shop for what is best for you and your family’s health needs. Doctors will be chosen for you. Doctors will become virtual bureaucrats like employees at the DMV and IRS.”

“Your healthcare will be rationed. Rationing means if you are too sick, too old, too frail, too over-weight, too high risk and so forth — YOU MAY BE DEEMED BY BUREAUCRATS TO BE UNTREATABLE.”

Call your congressmen and senators. Let them know how you feel about this 1.5 trillion dollar plan.

Says Hunter, “They’re petrified at the White House. They know if they don’t pass it soon, there is a danger there will be a big backlash. Our first objective is to slow this down before the Members of Congress go home in august.”

Rationing for Senior Citizens? Issues discussed:

- Why is the Obama Administration so intent on a radical overhaul of our healthcare system?

-  What are the basic outlines of the Obama national health care plan?

- What about Medicare? Before Obama came into office, I thought everyone agreed that the biggest immediate problem facing our national health care system was MEDICARE, which is headed off a cliff financially.

- You appear to be saying is that Obama’s approach to “fixing” healthcare is going to do it on the backs of senior citizens through rationing and cuts to Medicare. Am I hearing you correctly?

How to Listen: Click the play button below. Book mark this page.

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To your health rights!

Dr. Joyce Starr

Learn how to protect your homeowner rights here.

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Obamacare End-of-Life Counseling Provision: History, Clauses & Consequences

Author Wesley J. Smith and American Thinker columnist Rita Marker provide cogent analysis of the Obamacare End-of-Life Counseling Provision. Marker traces the history of the provision and pinpoints future consequences. A must read. Obamacare: Assisted Suicide Promoting Congressman Behind End of Life Counseling Provision Sunday, September 6, 2009, 6:41 PM Wesley J. …

Obamacare: Amends Internal Revenue Code: Tax Penalty Without Qualifying Health Insurance

Obamacare legislation amends the Internal Revenue Code to apply a tax penalty for individuals who cannot prove that they are covered by qualifying health insurance. It also establishes a Medical Advisory Council to determine the “amount, duration, and scope” of the items and services that must be included as “essential health …

Immortal Economic Stimulus Plan: Illusory Fountain of Youth for Declining US Economy

Immortal Economic Stimulus Plan 101, 102… Cap and Charade, Obamacare and Missile Defense Revisited. Show Date: July 9, 2009 with Dr. Joyce Starr and Joe Stallard, co-founders of RightsUniversity.com.

Thirty-three (+) czars later…

Economic Insecurity is Expensive

Economic Insecurity is Expensive

QUESTION: Administration critics typically preface criticism about the President with the words: “He’s brilliant, but…”

Smart, savvy, politically adept, charming… But vastly misreading the economic data? (“The economy is worse than we thought,” admits VP Joe Biden.) Pushing unemployment 20 percent higher than it would have been if the Administration did absolutely nothing? Spending over 700 billion to leave 14 million people – by some estimates 17 million – out of work? Spending only 10 percent of the first economic stimulus plan and then suggesting that we should spend even more? Targeting the majority of money for the years 2011 through 2019, when we clearly need it now? Heaping riches on big banks and trading firms while bankrupting the middle class?

Leaving our nation defenseless against missile attacks from North Korea? Spending a trillion to provide universal health care benefits to 27-47 million? (Does anyone know the true number of uninsured?) Making unachievable promises that the Administration may not be able to keep?

Listen Up & Listen In: Speaking Out with Dr. Joyce Starr & Joe Stallard. Bookmark this page. Tell your friends.

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To your economic rights!

Dr. Joyce Starr

Obamacare: Amends Internal Revenue Code: Tax Penalty Without Qualifying Health Insurance

Obamacare legislation amends the Internal Revenue Code to apply a tax penalty for individuals who cannot prove that they are covered by qualifying health insurance.

It also establishes a Medical Advisory Council to determine the “amount, duration, and scope” of the items and services that must be included as “essential health care benefits” in a plan that qualifies for subsidies.

Best Healthcare Statistics

Best Healthcare Statistics

The costs was estimated at 1+ trillion dollars at the end of June 2009 and covered only about 30 million people.  But the plan was liberated over the July 4th holiday.

The costs are now 611 billion dollars with total coverage – whatever that means.

Critics say the revamped Kennedy Health Care “Reform” Plan  does not account for Medicaid coverage – which is crushing state budgets.

Additional provisions include:

  • Expand Medicaid to 150 percent of the federal poverty level.
  • Require health insurers to accept every employer and individual in the state for coverage.
  • Require health insurance providers to report to the government how premiums are spent.
  • Ban annual or lifetime limits on coverage.
  • Establish committee boards, called Affordable Health Benefit Gateways, in each state to certify and inform residents about insurance plans.
  • Extend dependent coverage so citizens may be covered on their parents’ insurance until they are 26 years old.

Follow the Obamacare Money Trail: The Other K Street

Michelle Malkin connected the Obamacare Follow the Money dots in a June 24 column:

If you believe the White House, there are 30 million Americans who support a government health care takeover. But if you look at the funding behind the Obamacare Astroturf campaign, it’s the same few Leftist billionaires, union bosses, and partisan community organizers pushing the socialized medicine agenda. Let’s connect the dots.

On Thursday, a national “grass-roots” coalition called “Health Care for America Now (HCAN)” will march on Capitol Hill to demand universal health care. The ground troops won’t have to march very far. HCAN, you see, is no heartland network. It is headquartered at 1825 K Street in Washington, D.C. – smack dab in the middle of Beltway lobby land.

In fact, 1825 K Street is Ground Zero for a plethora of “progressive” groups subsidized by anti-war, anti-Republican, Big Nanny special interests. Around Washington, the office complex is known as “The Other K Street.”

Why do they want Obamacare? An internal ACORN memo I obtained from August 2008 …  outlines the ACORN/HCAN partnership and strategy of opposing any programs that rely on “unregulated private insurance” – and then parlaying political victory on government-run health care “to move our ACORN agenda (or at least part of it) with key electeds that we might otherwise not be able to pull off.”

The objective, in other words, is to piggyback and exploit Obamacare to improve and protect their political health. The “grass-roots” movement is not about representing Main Street. It’s about peddling influence and power on 1825 K Street.

Michelle Malkin: Who’s funding the Obamacare Astroturf campaign?

Dr. Joyce Starr