Caution: House Healthcare Bill 3200 Means What It Says

President Obama, ever-present in every form of media imaginable, continues to struggle mightily to articulate what exactly he means by healthcare reform.

I’m not impressed, because I don’t think the President knows what he means - the messages are just too garbled.

Ditto his cabinet and top party officials, who routinely issue statements that are quite contradictory, both to each other, and to the President, and are then followed by the usual retractions, clarifications, or by attacking the messenger.

This message mess is understandable, because the President has delegated what his reform means to the lawmakers who have drafted several sets of legislation both in the US Senate and the House.

The proposal drawing the most interest has been H.R. 3200, which aims to:

To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.

Unlike my President and many lawmakers, I’ve read the bill. It’s not that difficult to understand, and no, you really don’t need to be a lawyer to understand it. It’s boring reading, but hardly incomprehensible.

Many of us don’t like what we see.

But proponents keep insisting that what the bill actually says is, well, not what it says, and that many of us who know exactly what it says (and implies) are perpetuating “myths” or “misinformation.”

Really? Let’s look at just one example:

Proponents of H. R. 3200 insist that the now-notorious Section 1228 of the bill, beginning on p. 424, describing ‘advance care planning consultation,’ is not mandatory. It’s simply, so they say, that the bill provides for people to discuss their end-of-life preferences with their doctor, and that this consult will now be paid for by the government.

I searched the bill. The word “voluntary” appears 7 times.

Now, that leads me to think that the word “voluntary” is written those 7 times because the bill means for those particular parts of the bill to be, well, not mandatory. Ergo, voluntary.

However, there’s absolutely no “voluntary” mention in the section related to ‘advance care planning consultation.’

In fact, at the very least, even if we can explain away the rest of the “voluntary’ canard in the bill, read this, from page 428 (italics mine):

(B) An advance care planning consultation with respect to an individual may be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual, including diagnosis of a chronic, progressive, life-limiting disease, a life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a skilled nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program.

See any mention of ‘voluntary’ in Section B?

Yes, folks, even if you can somehow dodge the end-of-life consultation while you’re at home, once you’re admitted to a medical facility that is reimbursed by Medicare, you’re going to get it whether you like it or not.

Is it really too much of a stretch to think that if something, in proposed legislation, is meant to be voluntary, that the legislation so stipulates, and that where something is not voluntary, that the word “voluntary” (or the clear implication of voluntariness) is absent?

If you think it is, indeed too much of a stretch, go read the bill.

Show me where it stipulates, in black and white, that the ‘advance care planning consultation’ is voluntary.