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An Oncologist Describes His Death Panel Duty To Provide End Of Life Counseling

The death panel canard has so completely taken over the debate over health care reform this week that even President Obama had to stop and assure the country that nobody planned to "pull the plug on grandma."

Though the death panel's origins lie in dishonest brokers like Betsy McCaughey and Sarah Palin, Obama addressed the allegation almost as if it were raised in good faith. "It turns out that I guess this arose out of a provision in one of the House bills that allowed Medicare to reimburse people for consultations about end-of-life care, setting up living wills, the availability of hospice, et cetera."

That's basically been the extent of the debate. "Death panels!" vs. "No! Not death panels! End of life counseling!" And though the latter claim is the accurate one, it doesn't really give you a sense of just how standard a practice these "death panels" already are among clinicians.

"I'm a medical oncologist so I deal with cancer patients," said Dr. Emad Ibrahim, a southern California doctor who's been in practice for 11 years. "Many patients are terminal or could become terminal over the course of their care."

"We routinely do counseling and advise patients on advance directives."

An advance directive is a legally binding document, prepared by a patient, providing guidance to doctors and friends regarding treatment preferences in the event that an illness or injury makes real-time decisions impossible. Directives are most commonly drawn up by sick and elderly patients, but they're a standard part of estate planning, and any adult can file them with family members and doctors at any time. There's no standard document--lawyers can draft them for clients, doctors can provide patients with a form, or individuals can follow their states' protocols and write them up themselves.

"We always prefer to counsel before somebody gets in trouble because the worst time to discuss these issues is in a crisis," Ibrahim told me. "Doing it early allows the family to discuss it with their loved ones."

AMA President J. James Rohack put it this way: "These are important discussions everyone should have so they are fully informed and can make their wishes known. That's not controversial, it's plain, old-fashioned patient-centered care."

"We counsel patients a lot when they are seriously ill regarding end of life," Ibrahim says. "A patient who has advanced cancer for instance," might be advised that while a chemotherapy regimen could briefly slow the illness, other drugs would do more to ensure comfort during the final days. "That," he said, "would not be appropriate if somebody has a curable disease, but many patients will choose to rely on comfort medicine, pain, oxygen, even hospice care."

And, he adds, doctors are already being reimbursed for these sorts of sessions by private insurers--which have somehow been spared the death panel charge--as part and parcel to the provision of care.

"I'm not aware of how [insurers] address this specifically, but if we provide extended counseling, then we can be reimbursed for it," he said.

"It entails a large amount of time and effort. It's a significant part of our job.... Not doing that for a patient with terminal illness would be inadequate care."


19 Comments

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President Obama simply needs to say this as soon as possible.

"An amendmdnet offered to the health care bill by Senator Isakson has been used by some to argue there is a provision creating so called Death Panels that decide who among the elderly or ill get medical care. It there is such a provision in any health care reform bill I will veto it. There will be no Death Panel. Period. End of discussion."

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That may seem like a sensible approach from a PR standpoint, but it has a major drawback: Republicans and Blue Dog Democrats opposed to the public insurance option have an incentive for leaving the Isakson amendment in and having Obama be the fall guy for the defeat of the bill, while they can claim they voted for it. If the public is so ill-informed as to not realize the "death panel" meme is bogus, I doubt it would be discerning enough to recognize a poison pill. All they'll know is that Obama promised health care reform, but then vetoed a bill brought to him.

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Has anybody studied whether the ~25% of care that goes to the elderly is the single LARGEST block of care that insurance companies pay for? B/c if it is, I think now we know exactly why the death panels thing is so important to the Right.

To me the Death Panels thing came out of nowhere, almost that the McCaughey's of the world were just grasping for something, anything, to oppose... But if the insurance industry calculated that elderly care is really THAT profitable to them, then it makes sense why there is such ferocity on this issue lately as opposed to opposition to the public option which seems to have taken a back seat, more or less, to the DPs.

Would love to see some more analysis as to WHY they are pushing so hard to get end-of-life care out of HCR bill.

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No, because most of the health care for the elderly is paid by Medicare.

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Oh, right. Duh. Is it just the Orwellian shock value then? Who stands to gain from killing this one provision? They obviously didn't just want to use it as a tactic, they wanted it OUT. I'm just curious as to why they've gone this route even though I know the answer won't make any sense.

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And finaly someone sees the truth behind the lies.

I've heard that the percentage of expenditure on "end of life" health care is 80% of all health care spending.

At the same time I remember Bill Moyers' documentary, "On death and dying" stating that 8 of 10 People polled would rather die at home surrounded by family, AND the reality is that 8 of 10 die in a hopital surrounded by machines.

Consider the amount of "lost revenue" if those 8 of 10 had had end of life counseling and chose the home version.

The health care indusrty literaly sucks the marrow from the bones before allowing people to die, the entire time invoking the sanctity of life, attempting to guilt trip us into spending every last dime to stave off death.

The Schivo case is THE example of government interference in an American's end of life choices. I don't remember anyone except the Rethuglicans standing on the floor of the senate denying that woman her last wishes.

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Gee, Sarah, can I use these Death Panels to separate my dining area from my living room? Does Ikea carry them?

What a bunch of horseshit.

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So insurance companies both ration care (in the worst, most extreme way possible--denial of payment for service ALREADY rendered) and have death panels, but reform is going to kill grandma.

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My wife and I are grandparents. She wants to know why the "death panels" are only picking on grandmas. Why are grandpas left out?
-;)

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because grandpa is down in his wood shop routing out the joints for the death panels, silly.

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On a more serious note, my wife is an RN in an orthopedic floor in a major metro hospital ... Hip & knee replacements, and motorcycle accidents are a lot of their business.

I'm not there, so I'm not going to estimate a percentage, but I hear all too many stories of elderly folks who are there for some physical issue ... yet the mind is just not functioning. Dementia, it's called. They don't know their own names in the worst cases, they certainly don't know your name, or what year it is, or anything like that. A lot of them spend their time cursing and angry, others are depressed and withdrawn. Presence of the family matters little to these patients, though sometimes there are flashes of recognition, sometimes one family member is persistently mistaken for another family member.

But the presence of the family matters tremendously to some of the family members, who are doing their best to keep up a caring relationship ... and essentially get a slow-motion nightmare/torture/whatever bad word you want to call it, as they watch their loved one exist in a land of discomfort where no outsider can, effectively, reach them.

Is this what you want for yourself ??? Is this what you want for your loved one ??? Why am I the first to bring this up in any blog (that I have seen), why is this like totally forbidden to be mentioned in the mass media or in public discussion ??? Do we understand what we're doing to Grandma by keeping her alive in this state, do we understand how our taboo against any discussion of any variety of a "wish to die" prevents us from even knowing about, let alone finding some palliative or solution for, the thousands and thousands of our elderly relatives who are suffering this senile dementia and their family members who have to watch them suffer?

I don't know what that "solution" is, I'm not proposing mass killing of the demented senile. Yet for me, it sure gives me a strong desire to stay OUT of the clutches of modern medicine, and to know the simple, fairly painless means of death that are available to those that wish them, before things get anywhere near that bad.

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I can add a personal story. My father, age 90, suffered a stroke. He had a medical power of attorney, naming my brother and myself. He included a "no resuscitation" directive in his advanced directive.

Dad had been having some physical deterioration and some mental confusion. So, my brother and I decided on no care, and had the legal ability to make it stick. We got hospice in, and Dad died a few days later, in peace, at home, with our two families.

I can't say enough positive about pre-planning, and getting the advanced directive and medical power of attorney in place.

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You are mixing a lot of different issues here. One is whether someone has the right to refuse heroic measures at the end of life. Another is whether you can state your wishes through an advance directive so they will be honored even if you aren't aware enough to state them for yourself. Still another is whether we should have the right to kill ourselves to prevent our own suffering. You even raise the question of whether others should be able to make that decision for us ("finding some palliative or solution for, the thousands and thousands of our elderly relatives who are suffering this senile dementia and their family members who have to watch them suffer?")

These are complicated issues with profound moral, spiritual, social and emotional implications that should not be mixed up in the current health care proposal, which simply calls for the availability of counseling about the options.

My own reaction to your comment is that I hope you are making a distinction between someone in this condition who needs life support and heroic measures to survive, and someone who does not. My 90-year-old mother lives in a facility with a great many elderly people who have dementia but are otherwise healthy. I've spent a great deal of time with many of them and all I can conclude is that none of us can truly understand the inner life of another. It is a very dangerous path to tread when you make judgments about whose life is worth living and whose is not.

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Healthcare has totally sucked since the introduction of HMO's. I am very healthy and pay an enormous amount of money as an independent contractor and still cannot see my own doctors that I used to be able to see.

One day at the pharmacy, when picking up a prescription that the pharmacist pulled out a doctor's copy of instructions from my scrip - I instinctively reached out and grabbed it and she said, "you don't need to know all this."

What I read saved my life. My new HMO doctor office was so full of people that he did not properly instruct me on the use of an epi-pen and had I not grabbed that piece of paper, I'd be DEAD

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Oddly enough our culture considers any death to be abnormal, as if we could all live forever if only we got the right care. Making it even more odd, so many people think this is a "Christian nation", but if you are a Christian, death is not an undesirable end to life. I'm just old enough to remember when people actually lived their lives knowing that they could die tomorrow, from accidents, or from diseases. When "tomorrow" showed up, they tried to accept the inevitable end of life with dignity. Today, it looks like we all want to spend every last cent we have, plus every last cent we can get from our insurance and our families, just to delay that inevitable end of life for another few days. Both my wife and I have sworn that we will not do that.

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The allegedly pro-life religious right, if it really was pro-life wouldn't sit back and let 30,000 babies die every year. They have to come up with these canards in order to justify their failure to be "pro-life" when it means they have to give something instead just demanding sacrifices by others.

My father signed the living will. Without counseling and assistance, I was confused and didn't get it notarized correctly. Luckily, he was able to die with dignity, but had anyone checked, the living will that allowed me to not seek a higher level of care was not really legal. My cousin asked for her grandfather to be slowing weaned from his life support equipment under the impression this was easier for her, but, again in the absence of any real information, I don't know if she actually made his death harder.

On a television drama I saw 30 years ago, a character explained her desire not to receive any extraordinary treatment, saying, "God has already made his decision."

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I believe it is seriously mistaken to conflate the “death panel” idea with the health care bill provisions to support end of life counseling. I believe the counseling provision is but a small part of citizens’ concerns with “death panels.” Of much greater concern is the Obama administration’s proposal to create a commission, the Independent Medicare Advisory Commission (IMAC), appointed by the president to make final determinations re what procedures will be paid for by medicare, under what circumstances, and at what rates of reimbursement. This commission would be specifically mandated to reduce medicare expenditures. These critical medicare decisions, now made by Congress, would be taken away from our elected representatives, and given to bureaucrats accountable to the President.

The medicare cuts that have been called for by Orszag at the Office of Management and Budget are in excess of $500 billion. We are told that this will be achieved by eliminating “unnecessary tests,” eliminating only the wasteful expenditures. Most people realize that cutting $500 billion will of necessity mean dramatic reductions in the actual delivery of medical services to the people who need them. The group that has been most often identified as the “target” for these cuts are elderly people with terminal illness, where the cost saving scheme would be to provide more palliative care instead of more costly medical procedures that may add only six months to a year to life expectancy. Or even elderly people who are not ill but who may only benefit from a hip replacement for a couple of years because they are old. These are the kind of medical “ethics” issues on which Dr. Ezekiel Emanuel, one of Obama’s top medical advisors, has written extensively. Emanuel is infamous for writings such as his advocacy that scarce medical resources be allocated according to principles he calls “complete lives,” which would provide young people in their 20s and 30s with two or three times as much access to scarce medical resources as would be available to senior citizens. (See pp.428-429 of “Principles for Allocation of Scarce Medical Interventions,” The Lancet, Jan 2009).

A panel of appointed bureaucrats, not answerable to congress, whose mandate is to reduce medicare expenditures by hundreds of billions of dollars, populated by behaviorist crackpots such as Ezekiel Emanuel, is what a lot of people would consider to be a “death panel.” If Obama and Orszag need to cut costs by $500 billion, let’s start with reversing the bank bailouts. Instead of the backdoor sweetheart deals that the administration has made with Big Pharma and the hospital industries, and continuing to line the pockets of the big health insurers, we should have a single payer system like the rest of the modern world.

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Louise, I am in no way attempting to actually get my face, or my political party, into ordering others how to live.

I am questioning our majority culture here in America, where our un-stated assumptions condemn Grandma to this un-dignified way to go. I do assume it is un-wanted even by most who end up suffering through it, and I hear enough of my wife's struggles to help these people get to the darn bathroom that even if I have written books about giving each person their own ability to judge their life -- and I have written that book -- I just have a hard time believing that anyone wants to end up that way.

And yet they do. By the thousands. Every day, in America, which we once believed was the land of the free and the home of the brave.

I admit, I don't know where to go with it. I do wish we could discuss it more freely, and that these kind of truths could make it onto America's broadcast & cablecast networks, where there is most certainly an ethic of denying that Grandma ever suffers in the institutions we have designed for her.

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Looking at the larger view here, what we're seeing with the elder care conversation reimbursement matter is the flip side of the issue that has yet to rear its ugly head (colloquially now called death panels) but permeates the left/right divide in American society - death at the beginning edge of human life (otherwise called abortion).

If you think for a moment that this conversation is inflamed and ripping at the core of this attempt at health care expansion, think about the conversation at the other end.

Humans just don't do well with life ending matters. They all want to die in their sleep, peacefully, in good mental state, without disabled bodies or minds, after living in such a way as to make that impossible.

The entire conversation is as irrational as that desire.

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