There has been a lot of talk and fear about the so called Death Panels which can decide whether a person should be denied life sustaining care even over the objection of the family. It has been vilified as typical of “Obama care”. Texas is leading the country as we have had these “death panels” for over a decade thanks to Tort Reform. I thought it was a bad idea in 1999 and still think it is a bad idea. Essentially it allows the physician or medical facility to determine that life sustaining care is inappropriate. This decision can be over the objection and wishes of the family.
“The physician and the health care facility are not obligated to provide life-sustaining treatment after the 10th day after the written decision…”
“The patient is responsible for any costs incurred in transferring the patient to another facility.”
So imagine that your family member is in a car crash and lapses into a coma and the medical facility decides that there is no benefit to life sustaining treatment (the irony of “life-sustaining” care being of no benefit seems lost on them). The committee (?) determines to end all life-sustaining care and gives you notice. Now you have 10 days to find another facility to agree to accept your family member and if you can find one (after the current one has already decided it is futile {I am sure the economics of care have nothing to do with the decision}) you get to pay for any cost incurred in transferring your loved one. If you don’t agree, you have the option to file a lawsuit to stop them. Do you really think that will be what you are thinking about as your loved one is essentially starving to death as they cut off life support.
The people who supported the law and are now fighting against health care will say, well that is different or just because it is the law doesn’t mean it will happen. Harris County Texas — a patient identified only as “Willie” died after the hospital cut off all nourishment after giving the proper notice. Probably the family didn’t care – wrong they tried to get him transferred but couldn’t find a hospital willing to take him. Well he must not have had insurance – 1st should it matter, but he actually had plenty of coverage, but the let him die. Texas Right to Life spokesperson Elizabeth Graham stated “Willie” was dehydrated and starved to death against the family’s desire (Thanks to Jeffrey Kreisberg). So when you think it will not happen, it already has to someone with a family who wanted to keep him alive and had insurance. As far as I know, no such action has taken place in Fort Bend County, Texas – yet.
In the last election for governor of Texas, Perry was asked about this and he claimed he wasn’t aware of the law and would make it priority to get it overturned.
If you are concerned about “death panels” you should be because if you are in Texas it is not a possibility it is a reality and not because of the liberal democrats, but because of the Texans for Lawsuit Reform (TLR) group. So be mad and take action against those who supported, sponsored and passed the bill. Ask your representative if they are supporter of Texans for Lawsuit Reform and, if so, why they are in favor of these “death panels”. I wonder if they will claim they didn’t know what they were supporting??
Finally, if you support (or know someone who supports) TLR I posted this question on Facebook – “What do you believe needs Reforming?” I really would like some answers to that question.
I had no idea we had such a law in Texas. Do the provisions of the new health care law change this for Texas, or does it mean more of the same for all 50 states?