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A Federal Organ Grab Without Consent
Cato Institute ^ | November 2, 2006 | Sigrid Fry-Revere

Posted on 11/13/2006 1:11:32 PM PST by Tolerance Sucks Rocks

Sigrid Fry-Revere is director of bioethics studies for the Cato Institute.

Just last week, seven New York funeral home directors pleaded guilty to stealing organs from thousands of bodies, including that of broadcaster Alastair Cooke. Bizarrely enough, the federal government's looking to get in on the same action.

At a meeting today and tomorrow, the Department of Health and Human Services Advisory Committee on Organ Transplantation is expected to recommend that states adopt policies of "presumed consent" for organ donation.

In other words, authorities could harvest organs from your dead body without prior permission from you or your family.

If the government is really concerned with getting donor organs, it shouldn't rationalize stealing them, it should amend the National Organ Transplant Act to give people incentives for donating them.

The situation is dire. Some 93,000 Americans are now on the list to receive donated organs; last year, fewer than half got them. Twenty Americans fdie every day waiting for an organ that never comes.

No one seems to doubt that paying people to donate their organs after they die would dramatically increase the number of organs available - but government bodies hesitate to allow it.

Sometimes, this reaches the height of Orwellian doublespeak. At last month's meeting of the President's Council on Bioethics, Dr. Peter Lawler declared that the very idea that people own their organs was an "offense [to] dignity."

HHS and the President's Council are considering presumed consent because appeals to altruism aren't producing enough donations. So why won't they consider letting donors get compensation? It could be cash, tax deductions, lower insurance premiums or health-care benefits.

Right now, the National Organ Transplant Act prohibits all of the above. This 1984 law makes it a crime "to knowingly acquire, receive or otherwise transfer any human organ for valuable consideration for use in human transplantation."

In banning the sale of organs, Congress was reacting to abuses involved in black-market organ sales in developing countries. Since then, Congress has considered several incentives; in 1986, it decided to pass a "required request" provision that obliges hospitals to ask relatives about donating organs whenever anyone who could serve as a donor dies. This did boost donations, but not enough to keep pace with growing demand.

Some fear that legalizing payment for organs will lead to people being murdered and plundered for the riches of their innards. It's a fair concern, but paradoxically, more of a worry when payments are prohibited than when they're allowed. The current ban has created a thriving black market that wouldn't exist if there were a legal means of buying organs.

The Organ Procurement and Transplantation Network, created by Congress in 1984, could maintain the exclusive right to broker the sale of cadaver organs and keep the arrangements strictly confidential. Hospitals and others with legitimate interests in buying organs could be barred from accepting them without proof that their owners had expressed a desire to sell or donate them. The OPTN could use the revenues it received for organs to cover funeral expenses or simply contribute them to the estates of the deceased.

If direct payments cause queasiness, Congress could legalize insurance incentives or tax breaks for those who agreed to donate their organs. Insurance companies could provide discounts for organ donors, as they do for non-smokers.

Each of these proposals has its pros and cons, but HHS and the President's Council should at least consider having Congress amend the Transplant Act to allow incentives before rushing to suggest that governments go cannibalizing the dead.

This article appeared in the New York Post on November 2, 2006.


TOPICS: Business/Economy; Culture/Society; Editorial; Government
KEYWORDS: bioethics; blackmarket; cultureofdisrespect; ethics; government; libertarianism; liberty; moralabsolutes; organdonation; organdonors; organowners; organsellers; organselling; regulations
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1 posted on 11/13/2006 1:11:34 PM PST by Tolerance Sucks Rocks
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To: 3D-JOY; abner; Abundy; AGreatPer; alisasny; ALlRightAllTheTime; AlwaysFree; AnnaSASsyFR; ...

PING!


2 posted on 11/13/2006 1:12:42 PM PST by Tolerance Sucks Rocks (Mashed potatoes, gravy, and cranberry sauce! Wooooooo-oooooooo!)
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To: Tolerance Sucks Rocks

I am taking back what the good Lord sent me down here with.


3 posted on 11/13/2006 1:14:17 PM PST by edcoil (Reality doesn't say much - doesn't need too)
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To: Tolerance Sucks Rocks
the very idea that people own their organs was an "offense [to] dignity."

No -- the suggestion that I and my heirs don't own my organs is an offense to dignity.

So there.

4 posted on 11/13/2006 1:14:26 PM PST by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: Tolerance Sucks Rocks
In other words, authorities could harvest organs from your dead body without prior permission from you or your family.

Ah, so The Government owns my organs.

5 posted on 11/13/2006 1:16:36 PM PST by FourPeas (The right thing to do never requires any subterfuge, it is always simple and direct. Calvin Coolidge)
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To: Tolerance Sucks Rocks

Only doing what Americans' don't want to do. Geez, I am sick of that statement and the antics of our government for the betterment of whom?


6 posted on 11/13/2006 1:16:50 PM PST by Snoopers-868th
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To: Tolerance Sucks Rocks

Isn't the organ grab a main event in the gay games?


7 posted on 11/13/2006 1:17:23 PM PST by cripplecreek (If stupidity got us into this mess, then why can't it get us out?)
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To: Snoopers-868th
for the betterment of whom?

Whomever the government deems worthy.

8 posted on 11/13/2006 1:18:23 PM PST by FourPeas (The right thing to do never requires any subterfuge, it is always simple and direct. Calvin Coolidge)
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To: Tolerance Sucks Rocks

If the gov't is going to claim my organs, they better pay 100% of the maintenance.


9 posted on 11/13/2006 1:18:30 PM PST by Nachoman (Just because you're a kook doesn't mean there isn't a conspiracy.)
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To: Tolerance Sucks Rocks

You could solve the organ shortage problem overnight if people were allowed to sell their organs.


10 posted on 11/13/2006 1:19:17 PM PST by pnh102
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To: Nachoman

Now THAT is a scary thought.


11 posted on 11/13/2006 1:19:46 PM PST by FourPeas (The right thing to do never requires any subterfuge, it is always simple and direct. Calvin Coolidge)
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To: Tolerance Sucks Rocks

When I was living in Germany, I understood that they had "presumed consent" for organ donations. A person could opt out, but then he would be placed on a "no transplant" list for life.


12 posted on 11/13/2006 1:20:54 PM PST by struwwelpeter
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To: Tolerance Sucks Rocks

They can have my organ when they pry my cold dead fingers from...oh, never mind.


13 posted on 11/13/2006 1:21:14 PM PST by Joe 6-pack (You cannot live forever, so live a life that will never be forgotten.)
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To: Tolerance Sucks Rocks

If the Government owns my organs, they better support them in the manner in which they will soon become accustomed.


14 posted on 11/13/2006 1:22:07 PM PST by Ben Mugged (Always cheat; always win. The only unfair fight is the one you lose.)
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To: Tolerance Sucks Rocks
Never fear, good citizens! I'm here in the nick of time with my NEW, anti-harvesting medical necklace with a polished stainless steel tag that reads:

IF YOU DESECRATE MY DEAD BODY I WILL SEND A LEGION OF DEMONS TO HARRASS YOUR FAMILY FOR A THOUSAND GENERATIONS!

15 posted on 11/13/2006 1:22:33 PM PST by HKMk23 (PRO-LIFE: Because a Person's a Person, no matter how small.)
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To: Tolerance Sucks Rocks
I am not 100% in favor of donor organ transplants....why?

we can't even afford vacinations free of charge to all children.....yet we try to extend very sick bodies with hundreds of thousands of dollars worth of services?

we have no choice where are organs go....

believe me, alcoholics and drug abusers are right up there with the tea sipping clean living citizen....

why should my organs or my families' be used to give more life to addicts, promiscuous gays, felons,or for that matter, elderly people that are already eating up the wealth of a nation just to keep them in their golf carts and vacation houses....

if we knew that we could direct our donations...it might be a differant story....

mostly its the money though.....why is one person' life more important than others?

let's face it....people who are on Medicare or Medicaid and those that have no insurance probably will be able to get the transplants, while the rest of us will have to go thru the fire just to get consideration from our over paid insurance companies......

16 posted on 11/13/2006 1:22:43 PM PST by cherry
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To: Tolerance Sucks Rocks

This sounds like something our fine communist/socialist members of our government would dream up --- like something out of a CLOCKWORK ORANGE or similar Orwellian nightmare.


17 posted on 11/13/2006 1:22:55 PM PST by EagleUSA (T)
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To: Joe 6-pack
I don't want anyone grabbing my organ!!

Well... except.... nevermind.

18 posted on 11/13/2006 1:23:11 PM PST by Lurking in Kansas (Nothing witty here? move on.)
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To: Tolerance Sucks Rocks

Let's try leasing- you lease your organ (corneas, kidney, whatever) for cash while still alive.

Then they collect when you die.

If you try to skip, the penalties when caught are severe.

Sort of like selling blood, but with higher stakes.


19 posted on 11/13/2006 1:25:59 PM PST by DBrow
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To: Tolerance Sucks Rocks

I hope I lay rotting for a few days before they find me.


20 posted on 11/13/2006 1:26:20 PM PST by just me
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