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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; betty boop
Indeed. Thank you for that excerpt - no matter how one cuts it, health care will be rationed.

The fact that the seniors are singled out for end of life counseling with only the benefits of dying being explained, it stands as hard evidence of the true intent.

After all, if the old folks (and I am one) die early then it reduces the drain on medicare and social security funds - leaving more money there for the favored "others." In that regard, it is the most brutal tax imaginable.

41 posted on 08/09/2009 11:56:21 AM PDT by Alamo-Girl
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To: Dianna
Absolutely. If my insurance company denies a needed surgery, I can pay for it myself.

And if they do so in violation of their contract with you, or your employer, you can take them to court to recover your expenses. If your employer agrees with them, you can take your employer to court. You won't be able to take the "public sector" to court.

42 posted on 08/09/2009 11:56:49 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Master of Orion
I don’t see anything here that mandates anyone to do anything

Anywhere you see "shall", it's a mandate/order, "may" indicates an optional allowed activity. "Will" is a promise, which may or may not be kept.

43 posted on 08/09/2009 11:59:51 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Jeff Head

This is what many of us warned would happen when the government murdered Teri Schiavo. It didn’t take long did it? The government best keep it’s hand off my loved ones I will make that solemn promise on this matter. Any involuntary means to try and end a loved one of mines life will be met with resistance in kind at the ones trying to carry it out.


44 posted on 08/09/2009 12:13:46 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgement? Which one say ye?)
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To: mojitojoe

In so doing he tells us that that is exactly what he is too. He’s learned to be mostly polite about it...but he seems over they years to always have gotten his way. When things get tough, I expect we will se the mask come off...like it’s started doing this week.


45 posted on 08/09/2009 12:19:36 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: FrankR

Coincidence, I’m sure.


46 posted on 08/09/2009 12:44:18 PM PDT by Conservativegreatgrandma (Al Franken--the face of the third-party voters)
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To: Alamo-Girl; Jeff Head
After all, if the old folks (and I am one) die early then it reduces the drain on medicare and social security funds - leaving more money there for the favored "others." In that regard, it is the most brutal tax imaginable.

Absolutely outstanding insight, dearest sister in Christ!

This ultimately is a brutal form of "social (re)engineering" by political criteria. And the main political idea at work here is: We give to our "friends," and punish our "enemies."

People WAKE UP! Your life and liberty are being stolen from you in broad daylight by a gang of Chicago-style THUGS.

Thank you ever so much for writing, dearest A-G!

47 posted on 08/09/2009 12:54:17 PM PDT by betty boop (Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
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To: Jeff Head

Fred Thompson has pointed out that the word “may,” which would identify the sessions as voluntary, does not appear in the section.


48 posted on 08/09/2009 12:57:08 PM PDT by denydenydeny ("I'm sure this goes against everything you've been taught, but right and wrong do exist"-Dr House)
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To: Jeff Head

I just looked it up and E. Emanuel was born in 1957. He looks at least twenty years OLDER than he is. I am SHOCKED that he is so much younger than me. He is so evil.


49 posted on 08/09/2009 1:25:59 PM PDT by buffyt (Obama Administration is SO STASI, KGB, Red Chinese, Nazi, North Korean, terroristic!)
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To: Jeff Head

Bump!


50 posted on 08/09/2009 1:28:18 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

There was a segment today on the news about cancer treatments. Many of them are about to CLOSE down because they should be paid my Medicare and they are NOT being paid. They still have to pay salaries, rent, utilities, drugs, equipment bills, etc. But Medicare is not paying them as they should. And they said MOST cancer treatment centers in the USA may have to close soon.

Just can’t wait till Fed gov is running ALL hospitals.

If I were a doctor I would just REFUSE this! Just refuse until Obama care goes away.


51 posted on 08/09/2009 1:28:26 PM PDT by buffyt (Obama Administration is SO STASI, KGB, Red Chinese, Nazi, North Korean, terroristic!)
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To: ForEvers

Just remember they are not cutting down on how much you can SUE a doctor so if a doctor talks Aunt Sue into dieing, he can be SUED for causing her death! More $$$$$$$$$ for the lawyers!


52 posted on 08/09/2009 1:33:39 PM PDT by buffyt (Obama Administration is SO STASI, KGB, Red Chinese, Nazi, North Korean, terroristic!)
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To: ForEvers

With this bunch, something that starts out as merely “voluntary” can very easily become “mandatory.” By the way, who are they to even try to lecture me on ANYTHING having to do with my personal health care and THUS my dying? We need to challenge the entire premise.


53 posted on 08/09/2009 1:34:55 PM PDT by 1951Boomer
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To: mojitojoe

RUSH said last week that when he needs AC repair at the Florida studios, the repairman has always just repaired, and was gone again, not two words. They had same repairman in last week and he was ranting on and on about Obama health care bill, all negative things, and didn’t shut up the whole time. Was really on a rant. Rush mentioned that.


54 posted on 08/09/2009 1:35:34 PM PDT by buffyt (Obama Administration is SO STASI, KGB, Red Chinese, Nazi, North Korean, terroristic!)
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To: betty boop

And lest younger folks think nothing can ever happen to THEM, I ask you, “Who will they go after next when killing the elderly/handicapped is not reducing the drain enough?”


55 posted on 08/09/2009 1:36:51 PM PDT by 1951Boomer
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To: luvEastTenn

Health care should NOT be about abortion and Euthanasia!

It should be about CURING illness!


56 posted on 08/09/2009 1:36:51 PM PDT by buffyt (Obama Administration is SO STASI, KGB, Red Chinese, Nazi, North Korean, terroristic!)
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To: luvEastTenn

Like in WILD IN THE STREETS. They killed anyone over 30. At the end of the movie little kids were telling the president that anyone over 7 should be killed. What goes around comes around


57 posted on 08/09/2009 1:37:43 PM PDT by buffyt (Obama Administration is SO STASI, KGB, Red Chinese, Nazi, North Korean, terroristic!)
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To: buffyt

The Dems tinker with language like the Nazis did. Think of all their euphemisms for death camps, ovens, mass executions. The term “health” care seems so lofty, noble, and innocent. Yet we’re seeing that words mean the opposite of their original definitions.


58 posted on 08/09/2009 1:39:59 PM PDT by 1951Boomer
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To: Jeff Head

Well, first of all, they’re NOT voluntary, so if anybody says that they are, you can consider it “fishy” information that you are obligated to report to flag@whitehous.gov. :-)

Second of all, while the text sounds innocuous enough, if there is not enough money to sustain the Obamacare regime, then there will inevitably be pressure to downgrade the life-sustaining orders to ones that involve inexpensive treatments that, presumably, aren’t as likely to extend life.


59 posted on 08/09/2009 3:13:17 PM PDT by Tolerance Sucks Rocks (Barack Obama: in your guts, you know he's nuts!)
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To: 3D-JOY; abner; Abundy; AGreatPer; Albion Wilde; AliVeritas; alisasny; ALlRightAllTheTime; ...

Read the text, and then, if you haven’t been put to sleep, make up your minds. :-)


60 posted on 08/09/2009 3:17:20 PM PDT by Tolerance Sucks Rocks (Barack Obama: in your guts, you know he's nuts!)
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