On this blog, Professor Thaddeus Pope tracks judicial, legislative, policy, and academic developments concerning medical futility and the limits on individual autonomy at the end of life.

Thursday, January 6, 2011

Repeal of the Patient Self Determination Act

With all the talk both about repealing healthcare reform legislation (or at least cutting off its funding) and about the backlash to Medicare coverage of voluntary advance care planning, it would not surprise me to see a bill aimed at repealing the Patient Self Determination Act.  

After all, the PSDA actually requires hospitals and other facilities to inquire about and engage in education concerning advance care planning.  If the states want to promote or require advance care planning, that is one thing.  But if the federal government wants to be agnostic and treat advance care planning like abortion and assisted suicide (not allowing federal funds), then why not at least be consistent?  Repeal all the federal law that promotes advance care planning.  The PSDA has been pretty unsuccessful in any case.

4 comments:

sgrant said...

Thaddeus, you're breaking my heart. Please say you just posted this to provoke a discussion.

sgrant

Thaddeus Mason Pope, J.D., Ph.D. said...

I am just taking current trends to their logical conclusion. Hardly a reductio argument. But in the same vein.

Thaddeus Mason Pope, J.D., Ph.D. said...

I am just taking current trends to their logical conclusion. Hardly a reductio argument. But in the same vein.

SuesquatchRN said...

There's tremendous inconsistency within the law. CMS and the NYS DOH are both pushing for "patient-centered care" with an eye on providing a person a living environment in accordance with his desires. However, having non-compliant residents sign AMAs to continue whatever behavior it is that is therapeutically contra-indicated DOES NOT protect facilities from being cited by either entity for failure to adequately care for that resident.