End-of-Life Choice, Palliative Care and Counseling

Posts Tagged ‘Blumenauer’

Nov 18, 2009My Near Death Panel Experience

By Earl Blumenauer
Op-Ed Contributor, The New York Times
November 15, 2009, Washington

I didn’t mean to kill Grandma. I didn’t even mean to create death panels.

But now that I and my fellow lawmakers in the House have passed a health care bill, I’m finally free to explain what I learned as the author of the now-famous end-of-life provisions. My experiences during the bizarre controversies of the summer should provide a note of caution about what potential troubles and political distortions might lie ahead as health care legislation moves forward in the Senate, through the reconciliation process and toward a final bill.

This proposal was not even my top health-care priority. During my 13 years in the House, I have written and co-sponsored numerous provisions to change the way the government pays for health care. I am much more interested in extending coverage to the uninsured and moving away from “fee for service” Medicare, which rewards volume over value.

In this context, I found it perverse that Medicare would pay for almost any medical procedure, yet not reimburse doctors for having a thoughtful conversation to prepare patients and families for the delicate, complex and emotionally demanding decisions surrounding the end of life. So when I was working on the health care bill, I included language directing Medicare to cover a voluntary discussion with a doctor once every five years about living wills, power of attorney and end-of-life treatment preferences.

I was especially committed to this issue because helping patients and their families clarify what they want and need is not only good for all Americans, but also a rare common denominator of health care politics. Indeed, the majority of Congressional Republicans supported the similar provisions for terminally ill elderly patients that were part of the 2003 prescription drug bill. In the spring of 2008, Gov. Sarah Palin of Alaska issued a proclamation that stated the importance of end-of-life planning.

With this history in mind, I reached out to Republicans, including conservative members of Congress who often expressed support for the concept, and worked with national experts in palliative care and advocacy groups in devising the end-of-life provision. My Republican co-sponsor, Charles Boustany of Louisiana, told me he had many end-of-life conversations as a cardiovascular surgeon but unfortunately they often were too late. He wished that he could have spoken to patients and their families when they could have reflected properly, not when surgery was just hours away.

While continuing to work on other important health care reform provisions, I was confident that in this area, we had made a contribution that would ultimately be in the final bill. It might even serve as a bridge for bipartisan compromise as we entered the frustratingly contentious end game of finishing the overall legislation.

But the battle lines were being drawn. Little did I know how deep the trenches would be dug, nor how truth would be one of the first, and most obvious, casualties.

The House Ways and Means Committee “mark-up session” of the health care bill, on July 16, lasted all day and into the night. Republican colleagues offered dozens of amendments aimed at numerous provisions. Nowhere was there a single proposal to change the end-of-life language, nor a word spoken in opposition. Not a single word.

Then Betsy McCaughey entered the fray. A former lieutenant governor of New York, Ms. McCaughey had gained notoriety in the 1990s by attacking the Clinton health plan. In a radio interview, she attacked the end-of-life provisions in the health care legislation, claiming it “would make it mandatory, absolutely require, that every five years people in Medicare have a required counseling session that will tell them how to end their life sooner.” The St. Petersburg Times’s fact-checking Web site PolitiFact quickly excoriated her: “McCaughey isn’t just wrong; she’s spreading a ridiculous falsehood.”

But in today’s vicious news cycle, lies take on lives of their own on Web sites, blogs and e-mail chains and go viral in seconds. Ms. McCaughey’s claims were soon widely circulated in the thirst for ammunition against the Democrats’ health care reform plan. “Mandatory counseling for all seniors at a minimum of every five years, more often if the seasoned citizen is sick or in a nursing home,” was how Rush Limbaugh described the provision a week later. “We can’t have counseling for mothers who are thinking of terminating their pregnancy, but we can go in there and counsel people about to die,” he added.

Two days later, the lie found its way into Republican politicians’ statements. “This provision may start us down a treacherous path toward government-encouraged euthanasia if enacted into law,” declared the House Republican leader, John Boehner of Ohio, and Thaddeus McCotter of Michigan. I was shocked. This really struck at the heart of what I was trying to do — to build consensus.

Still, nothing could prepare me for what came next. As luck would have it, on July 28 I was presiding over the House of Representatives when my Republican colleagues decided to have a filibuster of one-minute speeches attacking the Democratic health care reform proposals, or rather, the proposals as seen through their skewed vision.

Representative Virginia Foxx of North Carolina made the singularly outrageous claim that the Republican version of health care reform “is pro-life because it will not put seniors in a position of being put to death by their government.” More groups and politicians repeated and exaggerated the claims.

The most bizarre moment came on Aug. 7 when Sarah Palin used the term “death panels” on her Facebook page. She wrote: “The America I know and love is not one in which my parents or my baby with Down syndrome will have to stand in front of Obama’s ‘death panel’ so his bureaucrats can decide, based on a subjective judgment of their ‘level of productivity in society,’ whether they are worthy of health care. Such a system is downright evil.”

There is, of course, nothing even remotely like this in the bill, yet other politicians joined the death panel chorus. On “This Week With George Stephanopoulos,” the former Republican House speaker, Newt Gingrich, refused an opportunity to set the record straight. Instead, Mr. Gingrich noted “the bill’s 1,000 pages,” as if the number of pages was an excuse for his misrepresentation, and then declared, “You’re asking us to trust turning power over to the government, when there clearly are people in America who believe in establishing euthanasia.” The Speaker Gingrich I served with a decade ago would have been appalled at the blatant and repeated falsehoods of the Newt Gingrich of 2009.

Such behavior is a graphic example of how the issue of health care was hijacked. Town hall meetings became dominated by people shouting down their opponents and yelling misinformation. Some town hall participants even told politicians to keep government out of their Medicare — something that would be difficult to pull off since Medicare is a government program.

To be fair, some sincerely believed what they were saying to be true, but that only made them more indignant when others challenged them or tried to give them correct information.

The news media was a particular culprit in this drama. This was not just Fox News; seemingly all the national news organizations monitored any meetings they could find between lawmakers and constituents, looking for flare-ups, for YouTube moments. The meetings that involved thoughtful exchanges or even support for the proposals would never find their way on air; coverage was given only to the most outrageous behavior, furthering distorting the true picture.

My office quickly produced testimonials from 300 respected professionals and organizations to set the record straight. Articles followed about how Republicans themselves had supported such provisions. Sites like PolitiFact and Factcheck.org as well as national organizations like the AARP pushed back on the lies.

It didn’t matter. The “death panel” episode shows how the news media, after aiding and abetting falsehood, were unable to perform their traditional role of reporting the facts. By lavishing uncritical attention on the most exaggerated claims and extreme behavior, they unleashed something that the truth could not dispel.

There was a troubling new dynamic: People like Senator Chuck Grassley, an Iowa Republican, were now parroting these falsehoods in their town meetings and letting it drive their policy decisions. (Mr. Grassley: “We should not have a government program that determines if you’re going to pull the plug on Grandma.”) When the most extreme elements peddling false information can cow senior members of Congress into embracing their claims, it does not bode well for either policymaking or for the Republican Party.

ON Sept. 9, President Obama spoke about the health care reform plan to Congress. Although his speech was more thoughtful and less partisan than much of what I’ve seen from presidents in my years in Congress, it was greeted by the call of “You lie!” from a backbencher from South Carolina, Joe Wilson. The accusation came as President Obama was attempting to debunk the many myths about the health care bill; Mr. Wilson’s outburst was the culmination of the summer’s frenzy, of everything that my end-of-life provisions had unwittingly set in motion.

The resulting support from the right wing and the inability of Republican leadership to acknowledge Mr. Wilson’s behavior as crude, unprecedented and inappropriate is telling. The Republican Party has been taken captive by these tactics, the extremists and their own rhetoric.

In a curious way, however, Joe Wilson’s eruption helped turn this particular debate full circle. Energized reform advocates began to push back. Support for the measure increased, and I began to hear, beneath the anger, some honest skepticism, along with an accurate complaint from fellow lawmakers that the language in the provisions was not as clear as it could be. The end-of-life provisions, I am proud to say, are in the bill that the House approved and sent to the Senate, where there is a reasonable chance of passage.

The inability to protect even the smallest element of bipartisan consensus from being used as a savage weapon of political attack makes lawmakers’ tasks harder, and the American public even more disillusioned. But perhaps the troubles of the summer and the success of the fall will provide a road map that leads to members of Congress finally enacting health care reform — and working together again on the long list of America’s unfinished business.

Earl Blumenauer is a Democratic representative from Oregon.

Originally published here in the New York Times, November 14, 2009

Nov 8, 2009House Passes Bill With Advance Care Planning Provision

Historic Legislation Passes

Washington, DC
November 7, 2009

Rep. Earl Blumenauer tonight announced the Affordable Health Care for America Act (H.R. 3962) passed the House by a vote of 220-215. The bill provides advance care planning, a provision Blumenauer authored.

The advance care planning provision will help families better prepare and understand their loved ones’ preferences for end of life care so they are not confronted with these difficult medical decisions in the midst of an emergency. The provision extends Medicare coverage to cover the cost of patients voluntarily speaking with their doctors about their values and preferences regarding end-of-life care.

Following is a statement from Rep. Blumenauer:

“Tonight I voted for every Oregonian who has faced bankruptcy when they’ve lost their care or has been denied coverage because of a pre-existing condition. Tonight, I voted to protect every Oregonian who has health insurance but sees their costs rising every year.

“Passage of the Affordable Health Care for America Act marks the most important single step in 100 years in addressing the health care needs of American families.  For the first time, the US government has dealt comprehensively with the entire health care system.

“I’m pleased we were successful in the incorporation of major reforms, improving care for all Americans while strengthening the position of Oregon medical care providers.

“This critical milestone, while historic, signals more hard work ahead to get the bill to the President’s desk.  I will work to strengthen the reforms while fighting to lower costs to make health care more affordable for families and the federal treasury.

“We must then be prepared to keep working to implement this sweeping change.  But tonight we should all pause to celebrate this moment in history.”

Visit Rep. Blumenauer’s website for more information on the Affordable Health Care for Americans Act.

Oct 13, 2009U.S. End-of-Life experts call for End to Hysteria, Misinformation, Better Choice and Care

Washington, D.C. – Compassion & Choices, the nation’s largest and oldest nonprofit organization working to improve care and expand choice at the end of life, today called for better choice and care at the first-ever national end-of-life symposium convening today through Wednesday at the National Press Club. The symposium addresses end-of-life policy, politics, medicine and ethics in a series of calm, adult presentations about the very difficult situation of end of life care in the US. No hysteria, no childish tantrums about death panels and killing granny. Experts from all over the country are calling for more resources, for hospice care, and public policy informed by facts and analysis. The Symposium brings together end-of-life legal, medical, cultural, religious and political experts. Surviving family members from across the nation described the deaths their loved ones experienced, making a compelling case for better end-of-life choices and care.

“Our nation’s heated debate on health insurance reform has focused attention on end-of-life care. It’s time to go beyond fearful charges and speak calmly and rationally. Compassion & Choices is helping to move our nation’s health care debate beyond misinformation about ‘death panels’ and ‘killing granny’. It is in end-of-life care that the current system most tragically fails patients and the people who love them. Too many people suffer needlessly in their dying, and we as a nation must do better,” said Compassion & Choices President Barbara Coombs Lee in a news conference kicking off the two-day symposium.

 Coombs Lee called for a new “patient-centered” focus in end-of-life care, and released seven principles to realign care and policy to better serve patients. “Today, the experience of patients is lost in a flood of tests and treatments that often subvert any effort to navigate a fitting end to a well-lived life. Changing the focus from the disease to the person who has the disease would create radical change indeed. Decent and simple, the principles are focus, self-determination, autonomy, personal beliefs, informed consent, balance and notice. Compassion & Choices’ 7 Principles for Patient Centered End-of-Life Care are intended to guide policy-makers and other reformers.

Dr. Elmer Huerta, former president, American Cancer Society spoke about making plans for the end of life and the role of your family in these discussions, “End-of-life care is a sensitive and personal issue that everyone will one day face. Families need careful explanations, time to process information, and consistent professional support to meet the challenges to their decision-making capacities. It is important that families and individuals conduct these conversations with their physicians to ensure that their final wishes for end-of-life care are known, respected and fulfilled.”

The Congressional Honorary Host Committee for the Symposium consists of dedicated, distinguished individuals who have worked tirelessly to improve the quality of end of life care. In addition to U.S. Senator Ron Wyden (D-OR), Committee members include U.S. Representatives Earl Blumenauer (D-OR), Peter DeFazio (D-OR), Kurt Schrader (D- OR), David Wu (D-OR), and Debbie Wasserman-Shultz (D-FL).

To read more information about the Compassion & Choices Dignity & Choices Symposium, click here

READ THE PRESS RELEASE HERE >>

Sep 10, 2009Sign the Petition Demanding End-of-Life Choice

Make sure Congress knows where you stand.

Sign our petition today. Help us deliver at least 50,000 signatures to Congress by September 15th.

Click here to sign our petition right now, and ask your friends and loved ones to do the same. We’ll make sure your Congress member and both Senators know that you expect them to lead, not follow or succumb to loud misrepresentations.

Aug 19, 2009End-of-life Conversation Provision Fact Sheet

Seniors want to protect their loved ones from struggling with end-of-life decisions
because they aren’t clear on what Mom or Dad would want. If someday they can’t speak for
themselves, they want their families and their doctor to be clear about their values and
choices. Individuals are the best decision-makers when it comes to these very personal,
private health care choices. The Pew Research Center found 84% of Americans approve of
letting patients themselves decide about extraordinary treatments to prolong life.
http://tinyurl.com/pewcenter

Fact: Advance planning consultations are a completely voluntary, not mandatory.
Fact: No one will be forced to sign an advance care directive.
Fact: The consultation provision is endorsed by the Providence Health System, a Catholic
health care provider.
Fact: Only a doctor or nurse practitioner can provide counseling.

STUDIES: End-of-life discussions decrease suffering and distress for patients and loved ones
“The worst outcomes were seen in patients who did not report having these
conversations. By acknowledging that death is near, patients, caregivers, and physicians
can focus on clarifying patients’ priorities and improving pain and symptom management.”

Hospice patients live longer
“This study provides important information to dispel the myth that hospice hastens
death and suggests that hospice is related with the longer length of survival by days or
months in certain terminally ill patients. This extra time might be particularly important to
patients and their families, as it may allow some people to use the end of life as a time of
resolution and closure.”

End-of-life discussion only taking place about half the time
“Many patients diagnosed as having metastatic lung cancer had not discussed
hospice with a provider within 4 to 7 months after diagnosis. Increased communication with
physicians could address patients’ lack of awareness about hospice and misunderstandings
about prognosis.”

READ THE FULL FACT SHEET>>