Would You Choose Palliative Care?

 

by Kerry Thomas

August 1, 2009

 

 

Palliative (pal·li·a·tive):  soothing; soothing anxieties or other intense emotions; treating symptoms only; alleviating pain and symptoms without eliminating the cause; symptom-treating medicine; something that palliates, especially a medicine that treats symptoms only.

 

H.R. 3200 America's Affordable Health Choices Act of 2009 is the “health care reform” bill that’s making it’s way through the House of Representatives.  While there are more than 561 bills enrolled in the House that deal in one form or another with health care, this is the bill the leadership is referring to when they talk about “the bill.”

 

Here’s just one little section of this legislation, found on pages 423-425:

 

SEC. 1233. ADVANCE CARE PLANNING CONSULTATION

(hhh)(1) …the term “advance care planning consultation” means a consultation between the individual and a practitioner … regarding advance care planning ifthe individual involved has not had such a consultation within the last 5 years. Such consultation shall include the following:

(E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title.

 

In plain English, you’re going to be required, under federal law, to “consult” with a health care practitioner at least once every five years about how you want to go when it’s your turn.

 

One of the mandated topics to be discussed is the idea that maybe it’d just be better to alleviate your pain and suffering without eliminating the underlying cause of that pain and suffering.  Maybe it’d be better if they just gave you a pain pill instead of trying to cure your disease.

 

Is that a course of treatment you’d counsel your loved ones to pursue?

 

I don’t know about you, but when it comes to talking about how I want to be treated when it’s my time to go, I’d discuss this with my family, with my doctors, with my clergy, and with about a hundred other people before I’d “consult” with some government bureaucrat about the best way for me to die.

 

But getting beyond the minutia of the legislation itself, there is the underlying question:

 

Does the federal government have the Constitutional Power to impose a national health-care program for America?

 

Recall that the Constitution delegates specific Powers to the federal government.  These Powers are enumerated in Article I, Section 8 of the Constitution.  Remember, “Congress shall have the power to ….”

 

Then, in an attempt to keep the federal government in check, the Founders added this little thing called the Tenth Amendment to the Constitution:

 

Amendment X:  "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. "

 

The federal government does not have the Constitutional authority to impose, under threat of law, a national health care program.  It might be able to offer one, but it cannot be imposed on the People.

 

That is, if you still believe in enumerated powers.  (see Enumerated Powers, part 2)

 

Barack Hussein Obama and his enablers in Congress are writing palliative legislation, bills that treat the symptoms with a lot of taxpayer money but fail to address the underlying disease:  progressive liberalism.

 

There’s nothing wrong with America’s health insurance system that hasn’t been made worse by government.  If we could just manage to get some basic reforms to existing law, reforms that would cost taxpayers $ZERO to implement, all the “problems” the politicians are shouting about would disappear virtually overnight.

 

Instead we have the Obama-Reid-Pelosi plan to usurp even more of your Liberty, and have you (and your kids and grandkids) pay for it in the process.

 

So how do We, the People, “fix” our health-care system?

 

There are free-market solutions.  Tort reform is one (limit punitive damages, loser pays, etc.).  Medical savings accounts is another.  Allowing for tax deductibility of individual health insurance premiums would put that on par with employer-sponsored insurance plans.  True portability of insurance, which would allow someone in Wisconsin to buy a policy written in, say, Texas or Florida, puts the power in the hands of the consumer to shop for an insurance policy that fits his or her needs, a policy that doesn't necessarily contain all the expensive mandated coverages Wisconsin (and other) lawmakers insist be written into every health insurance policy.

 

Benjamin Franklin once said “Any society that would give up a little liberty to gain a little security will deserve neither and lose both.  That’s true for health security, too.

 

 

… and if you’d like to read more, here is just a partial list of some of the more interesting health care reform bills introduced in the House of Representatives this year:

 

America's Affordable Health Care Act of 2009 H.R.109.IH

Quality Health Care Coalition Act of 2009 H.R.1493.IH

Medical Liability Procedural Reform Act of 2009 H.R.2787.IH

Healthy Hospitals Act of 2009 H.R.3104.IH

Health Care Freedom of Choice Act H.R.502.IH

Medical Rights Act of 2009 H.R.2516.IH

Medical Justice Act of 2009 H.R.1468.IH
Health Care Incentive Act H.R.77.IH

Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2009 H.R.1086.IH

Plain Language in Health Insurance Act of 2009 H.R.3051.IH

National Health Care Quality Act H.R.2252.IH

Healthcare Improvements for Generating High Performance (HIGH Performance) Act of 2009 H.R.2948.IH

Access to Medical Treatment Act H.R.3261.IH

Health Care Workforce Incentive Act of 2009 H.R.2929.IH

Health Information Technology Promotion Act of 2009 H.R.1031.IH

Coercion is Not Health Care Act H.R.2629.IH

Health Care Price Transparency Promotion Act of 2009 H.R.2249.IH

Blueprint for Health Act of 2009 H.R.2535.IH

Family Health Care Accessibility Act of 2009 H.R.1745.IH

Strengthening the Health Care Safety Net Act of 2009 H.R.3141.IH

Tom Lantos Pulmonary Hypertension Research and Education Act of 2009 H.R.1030.IH

Health Care Paperwork Reduction and Fraud Prevention Act of 2009 H.R.2785.IH

Place Based Health Care Act of 2009 H.R.3158.IH

PATIENTS Act of 2009 H.R.3002.IH

Patients' Choice Act H.R.2520.IH

Health Care Choice Act of 2009 H.R.3217.IH

Ending LGBT Health Disparities Act H.R.3001.IH

and

Proposing an amendment to the Constitution of the United States regarding the right of citizens of the United States to health care of equal high quality H.J.RES.30.IH