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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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To: Tolerance Sucks Rocks

That dovetails nicely with the government choosing when doctors can withhold food and water from their patients.


61 posted on 11/13/2006 2:19:26 PM PST by skr (We cannot play innocents abroad in a world that is not innocent.-- Ronald Reagan)
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To: bagman

I have seen otherwise with my very own eyes.

you can say anything you want but empirical evidence suggests otherwise.


62 posted on 11/13/2006 2:20:56 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: petitfour
Laugh now. The calorie police are gearing up.
You know, it's not the government's fault. It's my fat, lazy good-for-nothing, big-screen TV-watching fellow contrymen (Dems and Repubs alike) that have nothing better to do than decide what is good for ME through the force law. THEY are the problem.
The time will come when I'll sleep warm at night by the fire of the fat of my enemy.
63 posted on 11/13/2006 2:24:14 PM PST by M1thumb
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To: Tolerance Sucks Rocks

I'll give up my organs at death for a $20,000 donation to the NRA, or no deal!

What a great way to support your favorite cause when you kick the bucket.


64 posted on 11/13/2006 2:24:45 PM PST by MaDeuce (Do it to them, before they do it to you! (MaDuce = M2HB .50 BMG))
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To: Tolerance Sucks Rocks

Leave my Wurlitzer alone!


65 posted on 11/13/2006 2:36:56 PM PST by cbkaty (I may not always post...but I am always here......)
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To: pnh102

if no one will pay any money for them they must have no value, they cannot argue they are worth taking yet worthless


66 posted on 11/13/2006 2:37:53 PM PST by antti tuuri
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To: longtermmemmory
The needs of the billing outweigh the life.

I'll be adding that to my quote collection.
67 posted on 11/13/2006 2:48:49 PM PST by Lady Jag (Bravery is being the only one who knows you're afraid)
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To: MaDuce

MaDuce, you're worth no less than $20,000,000. Go for it.

I'm all for $20,000,000 for my family's pain and suffering, and the medicos should do it for free.


68 posted on 11/13/2006 2:51:03 PM PST by Lady Jag (Bravery is being the only one who knows you're afraid)
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To: Tolerance Sucks Rocks

I don't have a problem with denying organs to people who don't want to be donors. It's your right to take 'em to the grave with you , but then you can die for lack of a kidney for all I care. (not 'you', but the general you)


69 posted on 11/13/2006 2:53:31 PM PST by RedStateRocker (Nuke Mecca, Deport all illegals, abolish the IRS, ATF and DEA)
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To: RedStateRocker

take this to the logical conclusion.

MANDATORY LIVING DONATION.

you don't need two kidneys, mandatory tissue typing banks SHALL REQUIRE, you donate one of your kidneys. Also applies to 1/3 of your liver since mostly it will grow back.


Of course nobody is mentioning that adult stem cells may make all this moot.


70 posted on 11/13/2006 3:10:58 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

Later pingout for sure.


71 posted on 11/13/2006 3:16:29 PM PST by little jeremiah (Jesus' message is not "BUY MORE STUFF"!)
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To: Tolerance Sucks Rocks

Well, I am for VOLUNTARY organ donation. If yo want to do that, that's fine, no problem.

I have an enormous problem with "PRESUMED CONSENT" where the government, unless you have told them no, will take your organs from you without asking anyone.

How many 'persistent vegetative state' problem cases are we going to have with this approach?

'Forced giving' isn't a virtue. Haven't we understood it with government wealth redistribution, now it's moving into our own organ distribution?

My advice if this becomes the norm is don't lose consciousness when you're in the hopsital.


72 posted on 11/13/2006 3:19:16 PM PST by Secret Agent Man
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To: Koblenz

Snopes is not God. Not saying they're wrong here, but they were wrong before. They're also avowed liberals. I looked up some stuff about Hillary and they got it wrong.


73 posted on 11/13/2006 3:20:56 PM PST by little jeremiah (Jesus' message is not "BUY MORE STUFF"!)
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To: Tolerance Sucks Rocks

"Soylent Green is people"


74 posted on 11/13/2006 3:22:25 PM PST by NY Attitude (You are responsible for your safety until the arrival of Law Enforcement Officers!)
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To: Tolerance Sucks Rocks

Something to ponder: Regarding kidneys, for the government and private insurance companies, I'm fairly certain that the cost of paying for a transplant and follow up care is far less than paying for someone who spends years on dialysis (which we are all currently paying for right now). If that is the case, then for everyone posting who says its about the money, in the long run, transplants are the way to go.


75 posted on 11/13/2006 3:23:09 PM PST by leadpencil1 (Enjoy yourself. It's later than you think.)
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To: Tolerance Sucks Rocks

Thanks for posting this...


76 posted on 11/13/2006 3:23:27 PM PST by Fury
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To: Tolerance Sucks Rocks

How can funeral directors be doing this? I thought the organs only last for five minutes after the heart stops beating (except for the kidneys, which last a bit longer). Could it be that bodies are being shipped live to the funeral home?


77 posted on 11/13/2006 3:26:05 PM PST by firebrand
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To: George W. Bush
I've read before that if organs aren't used quickly enough, that American surgeons won't transplant them. But the Europeans aren't as picky and so they fly them over there. I assume that, sacred ethics aside, money does change hands in the transaction.

Maybe not directly. But. Think of the hospital bills, surgeon bills, medication bill, etc. There is money being made off of organs.

78 posted on 11/13/2006 3:45:29 PM PST by raybbr (You think it's bad now - wait till the anchor babies start to vote.)
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To: longtermmemmory

Don't see how that follows at all. I just mean you won't donate, why should you receive?


79 posted on 11/13/2006 3:50:17 PM PST by RedStateRocker (Nuke Mecca, Deport all illegals, abolish the IRS, ATF and DEA)
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To: DBrow

"they collect when you die"

Hmmm...that might shorten your life considerably. They would want you to die healthy, I think.


80 posted on 11/13/2006 3:50:21 PM PST by ducdriver ("Impartiality is a pompous name for indifference, which is an elegant name for ignorance." GKC)
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