Saturday, April 20, 2013

S.B. 303 Amendment to Texas Advance Directives Act Now in Texas House

Yesterday, the Texas House of Representatives received S.B. 303 from the Texas Senate.  On Thursday, the Senate passed S.B. 303 by a vote 24 to 6.  The engrossed version of the bill is available here.  

If enacted, S.B. 303 would improve the "futility" provisions in the Texas Advance Directive Act, most notably by adding a reporting requirement.  But the bill fails to address the two most serious key fairness and procedural due process defects:  (1) the lack of a neutral decision make and (2) the lack of appellate review.

1 comment:

Anonymous said...

If there is no key fairness and procedural due process, it will just be business as usual and FISCAL FUTILITY will continue to drive unilateral DNR code status and the inappropriate/illegal shortenting of life for fiscal expediency, and without the informed consent of the patient/surrogate!

No matter what it is called or how it is disguised or dressed up, it will b "killing for dollars" to cap unreimbursed by Medicare/Medicaid costs of treatment. If, of course, Medicare and the private insurers had continued to pay for "futile medical treatment" of the elderly and disabled, the discussion about "medical futility" wouldn't be heating up.

The dishonesty of the bioethicists and the Health Care Industry in ignoring the epidemic of unilateral DNR code status and the connection of medical futility to fiscal futility is galling to me.