HR3200: "Death With Dignity"?

So, reading Instapundit, I followed the link to Red State, where I saw a post titled Democrats Want to Teach You to Die With Dignity.

Now, to me, "Death With Dignity" means "assisted suicide." That's what those bills are usually titled. And I have no problem with the idea of a person who is terminally ill "pulling the plug." But the teaser on Instapundit the lead me to the Red State article read “The section, titled ‘Advanced Care Planning Consultation’ requires senior citizens to meet at least every 5 years with a doctor or nurse practitioner to discuss dying with dignity.”

Which sounds like Section 1233 of HR 3200 requires older folks to receive counseling about assisted suicide every 5 years... And, from the comments section of Red State, I was not the only one. (References to Logan's Run, etc.)

So I read Section 1233 of HR 3200--which is fairly long, and full of legalese and to other sections of Federal Law and Regulations, which I simply do not have time to research in full. But...

Well, no, Section 1233 does not require older folks to be counseled about options on pulling the plug. What it does require is that, at least every five years, older folks--and it falls under "Medicare", so it may be specifically those using that program (which I thought they were going to do away with...)--receive counseling from a physician, nurse practitioner, or physician's assistant.

Such consultation shall include the following:
(A) An explanation by the practitioner of advance care planning, including key questions and
considerations, important steps, and suggested people to talk to.
(B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses.
(C) An explanation by the practitioner of the role and responsibilities of a health care proxy.
(D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act of 1965).
(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

It goes on:

(F)(i) Subject to clause (ii), an explanation of orders regarding life sustaining treatment or similar orders, which shall include—
(I) the reasons why the development of such an order is beneficial to the individual and the individual’s family and the reasons why such an order should be updated periodically as the health of the individual changes;
(II) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and
(III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy).

Clause (ii) says that this only applies as the State law requires.

Frankly, this sounds like good stuff for a person to go over, but I question whether it should be a legal requirement. I really question having a medical professional discussing estate planning and other legal requirements, such as designation of a "legal surrogate" and/or "decision maker"! Some of it would be better from a legal professional, and many people would be more comfortable hearing it from a member of the clergy.

And, of course, some don't want to hear it at all and it would put a burden on a medical professional to give advice that is unwanted in an area which may not be his or her area of expertise.

There's a lot to hate in this bill. The bill itself over-reaches, and I feel that, even in sections where there are good ideas--as I said, it might be beneficial for older folks to get formal counseling on things like assisted living, hospice care, and so forth--but the bill is also far too expensive, far too intrusive, and will have the effect of ruining what is otherwise the best health care system in the world.

The news says His Imperial Majesty is ramping up pressure on Congress to move on "Health Care Reform", probably because there's a lot of counter-pressure from We, The People--I guess he's forgotten who he works for.

We need to concentrate our efforts on the basic facts, and avoid sensationalist language that will dilute our efforts. NOTE: I am emphatically not accusing either Instapundit or Red State of deliberately misleading people into thinking that Section 1233 of HR 3200 included advice on assisted suicide.

But we must ensure that, when we do raise the "BS Flag", we have our facts straight.