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Joseph Nowinski, Ph.D.

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The Truth About End-of-Life Planning

Posted: 03/03/11 08:47 AM ET

Congress is debating the merits of the Affordable Care Act, and the usual suspects are leading the charge against it. They've already scored one victory. A few weeks ago, the news broke that the Obama administration was prepared to move ahead with the "end-of-life planning" provision of the Affordable Care Act, both of which have been the target of so much misinformation. Shortly thereafter, it was announced that end-of-life planning would not be authorized after all. It seems that this humane practice has fallen victim to yet another slanderous salvo. How did this happen?

First of all, it's vital that people understand exactly what end-of-life planning is, and what it is not. In an effort that would undermine badly needed health care reform in this country, demagogues like Sarah Palin created a fantasy called "death panels" and insinuated that health care reform would result in some government agency deciding when to "pull the plug" on terminally ill Americans. This tactic, outrageous as it was, did succeed, in that it scared many people and turned them against health care reform. It also reveals, however, how little many people understand about our health care system as well as how impotent they feel in the face of it. No populace that felt empowered about their health care system could possibly be stampeded in this way.

So what is end-of-life planning? It is, for one thing, not a death panel. On the contrary, the health care system that has existed in America prior to health care reform could be said to have been dominated by the equivalent of "death panels." They take the form of millions of denials, exclusions and outrageous premium increases that Americans with serious or terminal illnesses have received each and every year when they turned to their health insurers expecting help. I know of no one who does not know someone who has been the victim of such practices. In fact, in a survey just released by the Department of Health and Human Services, as many as half of Americans under the age of 65 have medical conditions that qualify them to either be denied coverage or else subjected to prohibitively high premiums. Naturally, the insurance industry insists that this number is inflated. But what if it is only a third of Americans? No matter what the percentages, do these practices not amount to de facto death panels? After all, where is one to turn if you are diagnosed with a terminal illness and then denied coverage or asked to pay a premium you can't possibly afford?

What end-of-life planning is, in the context of the Affordable Care Act, is for a patient with a terminal diagnosis to be able to meet with his or her primary care physician once a year to review the overall treatment program, consider various options and make rational decisions. There is no reason why close family members cannot be part of this process.

Not every man or woman who is facing impending death is open to end-of-life planning. Many individuals have shared with us their frustration in this regard -- often with unfortunate results. As an example, consider the woman whose father, suffering from severe dementia as well as kidney failure requiring dialysis, underwent cardiac bypass surgery. He died a week later from an infection of unknown origin. Why did this happen? Because, the daughter explained, her father had stubbornly refused to discuss such end-of-life decisions. "He didn't even know who I was," this woman said, "but I said yes to the surgery because the doctors wanted to do it and I didn't know what he would want." Such reports only serve to underscore the fact that there are many decisions that the terminally ill are well advised to make (preferably in consultation with loved ones) while they are lucid and capable of making them. Too many people die every year in hospitals and intensive care units simply because they did not have an opportunity to consider alternatives such as hospice or home care combined with palliative care, as opposed to heroic interventions when the chances for improvement are nil. Resources for end-of-life planning can be found on www.NewGrief.com.

Contrast the above scenario with recent research which shows that making palliative care available to the terminally ill -- including pain management, along with regular opportunities to talk with counselors and doctors -- results in patients reporting less depression, improved energy levels and a better quality of life in general. Hardly the image of a death panel.

Those of us who would prefer to offer the above alternative to Americans who are battling terminal illness need to stand up in any way we can in order to challenge misinformation and advocate for the humanity of end-of-life planning. We need to say it, loudly, clearly and often: The Affordable Care Act includes no death panels! There will be no death panels in America!

 
 
 

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Congress is debating the merits of the Affordable Care Act, and the usual suspects are leading the charge against it. They've already scored one victory. A few weeks ago, the news broke that the Obama...
Congress is debating the merits of the Affordable Care Act, and the usual suspects are leading the charge against it. They've already scored one victory. A few weeks ago, the news broke that the Obama...
 
 
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11:18 AM on 03/06/2011
The attorneys we consulted in the courseof writing Saying Goodbye, all of whom specialized in estate planning, wereof one mind that an attorney should draw up the health care power of attorney and have it witnessed, but that the person being granted this authority should be either a family member or trusted friend. It is also helpful for that person to have a signed document desctibing what kinds of end-of-life care we want in the event we become incapacitated. Would we want, for example, home hospice care, palliative care for pain, heroic efforts in the event our heart stopped beating, and so on. In end-of-life planning meetings with our doctors we need to inform them as well as to who has power of attorney and what our wishes are.
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NABNYC
10:17 PM on 03/05/2011
I don't think doctors should be involved in a patient's Power of Attorney for Health Care because there is an obvious conflict of interest. Look at Zsa Zsa Gabor for a great example. I knew an 80 year old with a laundry list of serious health problems but also with terrific insurance, and her doctors had her in and out of surgery -- fix the knee, bunions on the feet -- during the last 2 years of her life, in what I thought was a cruel if not criminal effort to make lots of money off her while she was still alive.

The best person to assist in a health care power of attorney is an attorney, and it should be done before the health problem gets serious. The individual should simply state the conditions under which they do not want extroardinary measures -- if they are in a persistent vegetative state, for example -- and specify that they want pain medication. Their agent should be a family member or friend who will make the tough call. The doctor can advise on the prognosis, but I do not think they should be involved in the power of attorney.
06:18 PM on 03/04/2011
In response to Lifelike my co-author Barbara Okun and you see things alike--we should be planning for end of life just as we plan for other life milestones. Her story in our book describes some of the preparations that she and her beloved husband made before his death, including preparing for where she now lives.
02:45 PM on 03/04/2011
We have more than 200 euphemisms for death and dying because we're so afraid in our culture of facing what is a natural part of the life and death cycle. We need to plan for our death just as we plan for weddings, education, careers, retirement, but our fear prevents us from putting plans in place.

We need to make our wishes for care known so we receive the treatment we desire and our loved ones are spared the agony of making difficult choices without our guidance. Polls show that 90% of people say they want to die at home but only 20% do. It's important to make plans, such as a living will, a POLST (Physicians Orders for Life Sustaining Treatment), a DNR (Do Not Resuscitate) and to TALK with your family about your wishes.

The book LeaveLight at http://www.leavelight.com helps you make end-of-life plans in six simple steps. It may be difficult to make decisions while you are cogent and capable, but it's better than waiting for a crisis that catches you and your family unprepared financially and emotionally.
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ken607
Nothing natural about gas,nothing clean about coal
07:32 AM on 03/04/2011
the U.S has the best medical needs but its the access to it thats the problem. stop watching FOX!
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ken607
Nothing natural about gas,nothing clean about coal
07:28 AM on 03/04/2011
DEATH PANELS! should i be scared? well im not. because this is needed. i know if i get to old and dont want to be around anymore I dont need no stinkin panel. id be gone. sometime it is the right thing to do.
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marriea
12:54 AM on 03/04/2011
Sadly many Americans are afraid to talk about death because they fear thinking about it will bring it on.
But death is imminent whether we like it or not....to everyone who has been concieved.
It is best to prepare for it. We are all born (concieved) to die.
I have told my kids, when I get to the point where I can't wipe my own ass, I'm ready to check out. Maybe that's selfish, because I realize that many folks with handicaps have this problem. All I can say is that they are a better person than me. I'm over 60 now, and anything can happen. I'm slowly working on putting my 'house' in order. I'm paying now on how I would like to be disposed of. Cremation is my choise. If the time comes and I have to be hooked up to a machine to live, that's what I call artificial breathing, not living. There is a difference. I don't want that for me. If I'm brain dead, I'm dead, let it be. If I'm terminal and any treatment would only prolong suffering, then what's the point. I'm not ready to call in my cards, but in a game of playing high cards and all I have in my hand are low cards......
We have been conditioned in this country to think that because we have the best doctors and hospital and procedures and equipment in the world, it can prolong our lives. Yeah right.
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James Shellhammer
12:05 AM on 03/04/2011
Good article is you have time to read it..
Work in the hospice field for 13 years. Most people don't consider end of life preparation until last weeks or months of their life. We must consider for are self and even are parents, what kind of care we want at end of life. It hits real hard when parents' children have to decide what kind care they want their parents to have, and also parents want to know what care their son or daughter want.
Just something to think about?
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HawaiiShira
He that knows & knows he knows is wise.
09:54 PM on 03/03/2011
Thankfully, my parents were astute enough to realize that with eight surviving children, they needed to make decisions for themselves about end-of-life care, and affirmed with those to whom they had ultimately entrusted their care, that they would follow their directives unwavering.

It could be very difficult for some, because letting go is hard. But mostly, it is our own selfishness, for whatever reason, that inhibits facing this issue. As my mother had indicated just weeks before her passing, she had lived 84+ years and when her time came, let her go. And so after one week in the hospital, she came home & 8 days later she was gone, but in the comfort of her own home & surrounded by many loving family members. My father is a bit more defiant, wishing not to be exposed to the insult of hospitalization. Our prayers are that he be granted the privilege of simply sleeping into eternity to join his beloved bride of 64 years, and his firstborn daughter. That said, we will try our utmost to respect his wishes.
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Star2000dancer
Pay it forward, the movie..
08:32 PM on 03/03/2011
I don't care what you call it. I've experienced it , and it doesn't matter what you wanted. They'll still do what they want, when they want, unless someone watches your back like a hawk.
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07:41 PM on 03/03/2011
Thank you for this excellent article. Your acknowledgement that the real death panels are the insurance corporations that extort exorbitant premiums from their customers (hostages really) then deny, exclude and charge outrageous premiums for people with pre-existing, serious or terminal illnesses is so insightful & true! Intelligent, compassionate people understand that the opportunity for end of life counselling is ethical and necessary. The opportunity to discuss a treatment program, consider options and make rational decisions is respectful, provides education and promotes autonomy. What should resonate with many is the certainty that $$$ money will be saved because when people make informed decisions about their health, fewer unrealistic treatment choices will be inflicted upon and endured by people near end of life. A society that cares for it's most vulnerable should be admired not vilified by fear-mongers who rant about death panels to promote their personal & political agendas where only the rich get richer. Go with grace!
06:48 PM on 03/03/2011
The author does not understand what the "death panels" really are. With nationalized health care, there will be rationing. The government panel that decides what services are covered...and what are not...will make real life or death decisions. In England, they call their panels NICE. England refuses to provide routine tests for things like breast cancer and prostate cancer. Because of this, diseases that are very treatable in the US are a death sentence in England. And forget about any choice in care. Your passport is revoked if you have an illness that is not approved for treatment in the UK, so you are prevented from coming to the US where you might get real medical care. But that will all change. Thanks to President Obama, Americans will find their care rationed, their options removed and their loved ones dead.
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dpavsek
Retired Economics Professor
07:39 PM on 03/03/2011
Rationing already exists in the form of denied insurance coverage, unaffordable premiums, pre-existing condition exclusions, etc. Rationing is how the market place works. Your assertion of what happens in England is questionable. Can you please provide a government document that says what you allege. I am afraid that you are continuing to pass on misinformation which is what this whole debate has been about. The right keeps asking for market solutions - well the market works only when there is rationing. In the market place rationing means you get if you pay.
08:20 PM on 03/03/2011
I lived in England until August 2007. I knew people killed by National Health Care. 14 year old Ian had his passport revoked when he needed a bone marrow transplant and Children's Hospital in Memphis offered to treat him for free. He died two months later.
09:06 PM on 03/03/2011
In most of the rest of the world, if the government says it will not cover your ailment, you are screwed. In the US, you can appeal an insurance company's decision, you can appeal to the state insurance commissioner, you can sue, you can hold a bake sale... Once government care takes over, you will have NO appeal, NO ability to go elsewhere. That is in your beloved health care reform package.
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Star2000dancer
Pay it forward, the movie..
08:33 PM on 03/03/2011
Fanned. But it's already been here for a long time.
bbailey123
Uteri of the world, UNITE
05:20 PM on 03/03/2011
Please keep repeating this information as much as possible. It is so important that individuals know how much easier the end of life can be if decisions are made in advance.
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RicoShay
I like big mutts and I can not lie!
04:44 PM on 03/03/2011
Ask a Hospice nurse or a family member who was fortunate enough to have "end of life" counseling for one of their loved ones if whether they see the value in it. It is something some people don't want to deal with but that doesn't make it less needed or less important.

People shouldn't wait till they are terminally ill to have this counseling.... some aspects of this type of planning should be done well ahead of time, similar to a living will.

Don't leave these kinds of difficult decisions to family members or friends.... it could end up tearing them apart! Case in point.... Terry Schiavo
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Star2000dancer
Pay it forward, the movie..
08:34 PM on 03/03/2011
Terri picked the wrong proxy.
04:25 PM on 03/03/2011
This Is a great and much needed conversation. Thanks to all for your comments. Many passionate feelings here. On a personal note I am struggling to help my quite elderly parents get any kind of help as well as navigating a medical system in which no one seems to talk to one another. I agree with one commenter who correctly pointed out that we do not need to be terminally Ill in order to begin end of life planning. JN
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naschkatze
A free man creates himself.
04:36 PM on 03/03/2011
Not only do we not need to be terminally ill to begin end of life planning, shouldn't we make an effort to do so long before so that no one can question our soundness of mind when we are terminally ill?