Taxation & Estate Planning

The Health Care Debate: Death Panels and Living Wills

By Joel A. Schoenmeyer

I find it interesting that the health care debate has focused at least partially on the issue of living wills and powers of attorney. Unfortunately, that issue has been confused by politicians and others who have chosen to lie about language in the health care bill, claiming that it would create "death panels" to decide whether an individual would be allowed to continue living. Section 1233 of H.R. 3200, and its description of an "advance care planning consultation," is what's at issue. Here's what such a consultation is meant to include:

(A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people 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.

Gosh, I don't see anything requiring old people to submit to a death panel, do you? I do see some language about advance directives and health care proxies (AKA living wills and powers of attorney), though.

Full post as published by Death and Taxes Blog on August 25, 2009 (boomark / email).