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York falsely claimed health reform measure requires end-of-life consultation

July 29, 2009 10:44 am ET — 27 Comments

On Fox News' Special Report, Washington Examiner chief political correspondent Byron York falsely claimed that a provision in a House health reform bill "says that there will be consultation between a caregiver and a patient to discuss things like hospice care and other issues -- other end-of-life issues," which he claimed raised the question of "whether there's any coercive element to this." But the provision York cited is not mandatory.

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YORK: This is the notorious page 425 that the AARP man mentioned today, which says that there will be consultation between a caregiver and a patient to discuss things like hospice care and other issues -- other end-of-life issues. And the question is whether there's any coercive element to this. [Special Report, 7/28/09]

York misrepresented House health care bill

Advance care planning is not mandatory in the Affordable Health Choices Act. Section 1233 of America's Affordable Health Choices Act of 2009 -- which includes "page 425" -- amends the Social Security Act to ensure that advance care planning will be covered if a patient requests it from a qualified care provider [America's Affordable Health Choices Act, Sec. 1233].

AARP, Obama explained counseling provision at health forum

AARP moderator properly stated that the provision would allow Medicare to "cover consultation." During a July 28 AARP health care forum, moderator Michael Cuthbert, "the AARP man" to whom York referred, stated: "As I read the bill, it's saying that Medicare will, for the first time, cover consultation about end-of-life care." Cuthbert did not suggest that consultation would be required. When he made his statement, Cuthbert was responding to a questioner who said: "I have been told there is a clause in there that everyone that's Medicare age will be visited and told to decide how they wish to die."

Obama made clear the intent was to "simply make sure that you've got more information, and that Medicare will pay for it." In his response, Obama stated, "But understand what the intent is. The intent here is to simply make sure that you've got more information, and that Medicare will pay for it." Obama later added: "So, if Medicare is saying you have the option of consulting with somebody about hospice care, and we will reimburse it, that's putting more power, more choice in the hands of the American people, and it strikes me that that's a sensible thing to do."

York resuscitated Betsy McCaughey falsehood

York's false claim advanced "pants on fire" falsehood. In recent weeks, former New York Lt. Gov. Betsy McCaughey (R) has repeatedly asserted that the House Democrats' health care reform bill makes end-of-life counseling for seniors "mandatory," a claim PolitiFact.com declared "a ridiculous falsehood," adding, "That's a Pants on Fire."

York repeated falsehood even after McCaughey backtracked. During an interview, when Politico asked McCaughey to respond to criticisms of her claim, she backpedaled, telling Politico that the bill would make end-of-life counseling mandatory "[i]n so many words," because "although it is presented in the bill as a Medicare service, when a doctor or a nurse approaches an elderly person who is in poor health, facing a decline in health, and raises these issues, it is not offering a service. It is pressuring them."

Other conservatives in the media have advanced McCaughey falsehood. Fox News host Sean Hannity cited McCaughey to falsely claim that under the House provision, senior citizens would be "forced to undergo" end-of-life counseling. Similarly, syndicated radio host Rush Limbaugh has falsely claimed that seniors would be subject to "[m]andatory counseling" at "a minimum of every five years, more often if the seasoned citizen is sick or in a nursing home." He added, "That's an invasion of the right to privacy."

From the July 28 edition of Fox News' Special Report with Bret Baier:

BRET BAIER (host): Let's start on this specific concern about end-of-life issues and whether the government is going to get in between the patient and the doctor deciding how the medical care will move forward. Byron, what about this?

YORK: This is the notorious page 425 that the AARP man mentioned today, which says that there will be consultation between a caregiver and a patient to discuss things like hospice care and other issues -- other end-of-life issues. And the question is whether there's any coercive element to this.

And I think the problem for Obama is that it mixes in with what he said a few weeks ago, that health care forum at the White House, when a woman got up, said her mother was 100 years old, needed an operation, but she was really vigorous. She got it, and now she's 105 and still vigorous -- and was there some way to take, you know, her spirit of life into account?

And Obama has said, well, maybe it'd be better to opt out of the surgery and take the painkiller. I think that was kind of a chilling remark to a lot of people. Senior citizens vote in large numbers, and I think this is going to be a big issue in August.

BAIER: The White House, A.B., is saying that this particular section of this bill is not mandatory. It's a consultation. It's to try to drive costs down in the long haul.

But Republicans, critics, say this is a slippery slope when you start getting down this road.

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    • Author by dexteritas0071418 (July 29, 2009 10:54 am ET)
         
      This is the wrong tree to bark up on the healthcare issue; 1st there's no proof, 2nd, the old-folks lobby in this country is so strnog that it would be political suicide to have your vote on a bill that created a system that denied care and treatment to the elderly that they were otherwise getting on the previous system.
      Report Abuse
    • Author by wesley (July 29, 2009 11:18 am ET)
      1 5
      When you ask Joe Public if he's in favor of reforming health care costs...of course he's for lower costs...that's not the issue.

      Despite the meme being drummed by mmfa many Americans are not in favor of the democrat's and Pres.Obama's plans to accomplish reform.

      This from National Public Radio on July 26:

      -- As you may have heard, President Obama and the Democrats in Congress are preparing a plan to change the health care system. From what you have heard about this plan, do you favor or oppose Obama and the Democrats' health care proposal? --

      42% favor...47% oppose.

      I realize that mmfa's mission is to report on conservative misinformation...but there is plenty of space available on County Fair or the Op-ed articles for legitimate discourse on various healthcare reform proposals.

      How 'bout it mmfa...are you for healthcare reform...or just democrat proposals for reform? Is your agenda for political gain or meaningful healthcare reform for all americans?
      Report Abuse
      • Author by NG_Officer (July 29, 2009 11:30 am ET)
        2  
        A good followup question to the one from NPR would be "From what sources did you base that opinion?"

        We all know who controls the message
        Report Abuse
      • Author by peace4all (July 29, 2009 11:32 am ET)
        3 1
        thats an interesting poll that lists how many are against the Obama health care plan. what makes it most interesting is that there is no plan yet. it's still being worked out. so i guess the question is what are the poll resondents responding to? in the meantime, this is what the current situation has given to the citizens of this country

        http://www.commonwealthfund.org/Content/News/News-Releases/2008/Jan/New-Study--U-S--Ranks-Last-Among-Other-Industrialized-Nations-on-Preventable-Deaths.aspx
        Report Abuse
      • Author by rtwmd1230 (July 29, 2009 11:46 am ET)
        3  
        Lots of us oppose the plan as it's shaping up because it is too conservative, but if it comes down to a choice between the Dems' plan and Repubs' no-plan, guess which we'll choose.
        Report Abuse
        • Author by wesley (July 29, 2009 12:15 pm ET)
            3
          It will be nearly impossible for republicans to get a proposal out of committee because the democrats control both houses of congress.

          However, if you're interested beyond knee-jerk political rancor you can look here for some republican proposals.
          Report Abuse
          • Author by magnolialover (July 29, 2009 12:18 pm ET)
            3  
            There is nobody in Congress from the republican side currently proposing anything at all.

            In the link that you provide, essentially what they're proposing is, yes, more tax cuts.
            Report Abuse
            • Author by wesley (July 29, 2009 12:30 pm ET)
                2
              I'll give you that republicans are spending more time on opposing the democrat's plan than promoting their own...but it's an outright falsehood to say that they are proposing nothing.

              Here's one of the tax cuts. Currently if you have employer furnished health insurance it's a tax free benefit. The republican plan offers the same tax benefit to those providing their own coverage.
              Report Abuse
              • Author by magnolialover (July 29, 2009 12:40 pm ET)
                   
                True enough. I guess from my perspective, they are using most of their time to oppose what Obama and the dems in Congress want to do. It would be wrong to say that they've proposed nothing, or don't have any plans at all, it's just that they're not bringing them up in the correct forum, that being Congress where these things are done.

                It's also probably true that they would be given short shrift by the dems, but, that's one the things that come along with winning and having the majority. The other side gets to have a seat for a little while.
                Report Abuse
                • Author by wesley (July 29, 2009 12:57 pm ET)
                    1
                  Correctamundo, mags.

                  There are good options in both republican and democratic plans...the sticking point seems to be the public option and its cost.

                  Additionally, the issue is not to pass the democratic plan or do nothing...and that is the way most of the media portray this. The issue is to reduce the costs and make it affordable for all...I just don't think that the govt. is the proper vehicle to handle the plan.
                  Report Abuse
                  • Author by magnolialover (July 29, 2009 1:13 pm ET)
                    1  
                    I disagree on one point, I think a public plan can be done right, and could provide good coverage for our people. The government already does a fairly decent job with medicare coverage, and there's nothing there that says they couldn't continue that decent work with a public plan.
                    Report Abuse
                    • Author by wesley (July 29, 2009 1:33 pm ET)
                        1
                      -- Medicare’s financial problems underscore how it doesn’t make sense to create a government-run health insurance plan, which is very much a controversial part of our health care reform debate.

                      We can’t afford the public plan that we already have, and if we create a government-run health care plan that’s unaffordable and unsustainable, it isn’t going to be any good for anyone -- Sen.Grassley

                      Here you can find the links to the medicare financial report, Grassley's full comments, and rebuttal by Bob Reich.

                      Medicare costs have been grossly more expensive than we were promised...I don't like the odds of a public health option performing any better.
                      Report Abuse
                      • Author by vhw28672478 (July 29, 2009 1:56 pm ET)
                        1  
                        Private care cost more money than Medicare
                        Report Abuse
                        • Author by dexteritas0071418 (July 29, 2009 2:18 pm ET)
                            1
                          No Balrog, private care not cost more money than Medicare. Medicare reimburse docs less. Me like my private care, but me fine with you going to doctor who willing to take 70% of what care worth.
                          Report Abuse
                          • Author by peace4all (July 29, 2009 2:35 pm ET)
                            1  
                            huh, so lets say that your point is true that medicare pays 70% of what the care is worth. i don't see medicare doctors standing in soup lines or getting food from food banks. maybe the 70% you speak of is the actual fair market values before insurance and pharm kickback?
                            Report Abuse
                            • Author by magnolialover (July 29, 2009 2:44 pm ET)
                              1  
                              Actually, I heard a story lately where the doctors who were lined up against medicare before are saying it works well now.
                              Report Abuse
                            • Author by dexteritas0071418 (July 29, 2009 5:46 pm ET)
                                 
                              Why are those greedy insurance companies willing to pay a much higher percent, and often all?
                              Report Abuse
              • Author by bittermarv (July 29, 2009 6:31 pm ET)
                   
                The republican plan offers the same tax benefit to those providing their own coverage.

                I was under the impression that health related expenses such as insurance and doctors' bills were already tax deductable. It's only worth taking, however, if the amount plus other deductions exceeds the standard deduction.

                Of course, for someone paying very few taxes because they make very little money, getting some money back in April of next year isn't gonna matter much because they can't afford the insurance premiums now.
                Report Abuse
                • Author by wesley (July 29, 2009 11:24 pm ET)
                     
                  -- Reforming the Tax Treatment of Insurance. S. 334 tackles the central flaw in America's health care financing: the inequitable tax treatment of health insurance. Current law provides unlimited tax relief for coverage obtained through an employer but no comparable relief for those who purchase coverage outside their places of work. A growing number of experts, both liberal and conservative, recognize that this is a major problem. -- Heritage Foundation
                  Report Abuse
      • Author by jmille426471 (July 29, 2009 1:01 pm ET)
        1  
        "How 'bout it mmfa...are you for healthcare reform...or just democrat proposals for reform?"

        My problem with using "democrat" as a perjerative is that it is oh-so-lame. Its as though right-wing posters feel clever when they commit a grammatical error which they picked up from RNC talking points. I mean, can you at least show some creativity with your insults? Like us liberals with re-pigs, re-pugs, re-thugs and my personal favorite, re-pukes.
        Report Abuse
      • Author by dmhack (July 29, 2009 1:20 pm ET)
        1  
        Is that the only poll out there?

        Boy, you'd think there'd be a lot of polls about this. You hear of any other polls, Wesley? What do they say?

        Wesley?

        Report Abuse
        • Author by dexteritas0071418 (July 29, 2009 1:50 pm ET)
            2
          Please inform us.
          Report Abuse
          • Author by bittermarv (July 29, 2009 6:36 pm ET)
               
            Do conservatives not know how to use google?

            http://www.time.com/time/politics/article/0,8599,1913426,00.html
            Report Abuse
            • Author by wesley (July 29, 2009 11:11 pm ET)
                 
              This one does...from your link...

              -- By significant margins, survey respondents said they believe the final health-reform legislation is likely to raise health-care costs in the long run (62%), make everything about health care more complicated (65%) and offer less freedom to choose doctors and coverage (56%).
              Report Abuse
              • Author by bittermarv (July 30, 2009 1:14 am ET)
                   
                Yes, that would be called "cherry picking." Please post the next three paragraphs. Wait, I'll do it.

                At the same time, survey respondents remain dissatisfied with the current state of health-care delivery and supportive of reform in principle. Forty-six percent of respondents said it was "very important" that Congress and the President pass major health reform in the next few months, and an additional 23% said it was "somewhat important." Only 28% found the immediate effort either not very or not at all important. In a separate question, more Americans said it would be better to pass "major reform" to health care (55%) rather than "minor adjustments" (43%).

                On the details of the plan, respondents remained supportive of many of the rough outlines of the health-reform effort as originally described by President Obama. Sixty-three percent said they would support providing health-care coverage for all Americans, even if the government had to subsidize those who could not afford it. Fifty-six percent said they supported a "public health insurance option" to compete with private plans. Fifty-seven percent support raising taxes on those with annual incomes over $280,000 to pay for the plan. Eighty percent said they would support a bill that required insurance companies to offer coverage to anyone who applies, even those with pre-existing medical conditions. By contrast, a slight plurality of 48% opposed requiring all but the smallest businesses to provide health care, and 56% of Americans opposed taxing employer-provided health care to pay for the cost of covering the nation's uninsured. (Watch TIME's video "Uninsured Again.")

                Obama also retains significantly more credibility with the public than with his Republican foes when it comes to tackling the problem. Asked who they trust to develop new health-care legislation, 47% of respondents said Obama, compared with 32% who said Republicans in Congress.
                Report Abuse
              • Author by bittermarv (July 30, 2009 1:17 am ET)
                   
                As people find out what proposals are being discussed (public plans, access, and so on) people respond more favorably to these reforms. All Republicans have got, based on recent sound bites, is that there isn't anything wrong with health care in this country.

                The costs you mention in your post are ALREADY BEING PAID. You think hospitals don't charge someone for the cost incurred in treating the uninsured who use the ER as their primary care physician? Someone pays for that, and it's not the hospital, and it's not insurance companies.
                Report Abuse

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