St Michael Society

 Assisted Suicide

Suicide Doc Jack Kevorkian

Relevant Concerns from the House Health Care Reform Bill, H.R. 3962

  Summary

 Two sections of H.R. 3962 promote end-of-life planning that will include assisted suicide in states where it is legal. One provision mandates the dissemination of end-of-life planning materials to all individuals insured through the Exchange.  The other authorizes federal Medicare reimbursement for end-of-life planning.  Information provided under both provisions will include assisted suicide options in those states where it is legal. 

 Provisions in H.R. 3962

Section 240, authored by Rep. Baron Hill (D-IN), requires insurance companies to “provide for the dissemination of information related to end-of-life planning to individuals seeking enrollment in Exchange-participating health benefits plans offered through the Exchange” and shall present “(A) the option to establish advanced directives and physician’s orders for life sustaining treatment according to the laws of the State in which the individual resides; and (B) information related to other planning tools.”

The Hill amendment states that the material in this section “shall not include advanced directives or other planning tools that list or describe as an option suicide, assisted suicide, euthanasia, or mercy killing.”  Unfortunately, this section is meaningless in the states that have legalized assisted suicide.  In such states (see below) the term “death with dignity” is used to describe what is commonly known as assisted suicide, and the law defines “death with dignity” such that it is statutorily not considered assisted suicide.

Language in the Hill amendment as offered and passed in Committee anticipated this complication and included a prohibition on providing materials that promoted the intentional “hastening of death.”  This language, intended to cover scenarios in which the term assisted suicide is redefined, was stripped out the bill by House leaders prior to reintroduction of the bill.

The outcome of the Hill language will be that the federal government will require insurance companies to distribute end-of-life planning material that could include information about assisted suicide in the states where it is legal.  A vote to approve this language is a vote to encourage assisted suicide. 

Section 1233, included at the request of Rep. Earl Blumenauer (D-OR) adds “advance care planning consultations” as a new optional Medicare-covered benefit. The consultation must be between a physician (or other health care professional) and the patient, and may be conducted every five years or more often if the patient’s condition worsens. The pro-life community has raised serious concerns about the potential for coercing seniors to make end-of-life choices that are cost saving, but not life-affirming. 

With regard to assisted suicide, language in the section specifies that “Nothing in this section shall–…encourage the promotion of suicide or assisted suicide.”  However, as is the case with the Hill amendment, this reference is without substantive meaning in states that have legalized and redefined the term “assisted suicide.”

The outcome of the Blumenauer language is that Medicare will pay for end-of-life consultations that include assisted suicide options (under the euphemism of “death with dignity”) in states where assisted suicide is legal.

Operative State Laws Nullifying Assisted Suicide References

Both Oregon and Washington have legalized what is commonly known as assisted suicide.  In those states assisted suicide is referred to as “death with dignity.”  In crafting state laws, Oregon and Washington redefined the act of assisting in a suicide as “death with dignity,” explicitly stating that such action is not legally considered assisted suicide.

The Oregon law reads, “Actions taken in accordance with ORS 127.800 to 127.897 shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law. [1995 c.3 s.3.14]”

The Washington law reads, “Actions taken in accordance with this chapter do not, for any purpose, constitute suicide, assisted suicide, mercy killing, or homicide, under the law.”