About us Login Get email updates
Research
Print

Jon Stewart corrects serial misinformer McCaughey's latest end-of-life counseling falsehood

August 21, 2009 5:06 pm ET — 31 Comments

After previously backtracking from a claim that Page 425 of the House health care reform bill would provide for "mandatory" end-of-life counseling, former New York Lt. Gov. Betsy McCaughey -- a serial misinformer about health care reform proposals -- falsely claimed on The Daily Show that another page of the bill -- Page 432 -- would make such counseling "mandatory" and that a provision on that page "penalize[s]" doctors who do not adhere to government standards. In fact, as host Jon Stewart noted, the language McCaughey cited does not make end-of-life counseling mandatory and does not "penalize" doctors, but rather provides incentive payments for doctors who report "data on quality measures" for end-of-life care.

Please upgrade your flash player. The video for this item requires a newer version of Flash Player. If you are unable to install flash you can download a QuickTime version of the video.

EMBED

McCaughey falsely claims Page 432 of bill makes end-of-life counseling "mandatory"

McCaughey: "[D]angerous" bill makes end-of-life counseling "mandatory" on Page 432, and doctors will be "penalize[d]" for not following advanced directives.

From the August 20 edition of Comedy Central's The Daily Show with Jon Stewart:

STEWART: Now, you have said that the conversation is mandatory.

McCAUGHEY: It is.

[...]

STEWART: Give me the part that says it is mandatory that you must --

McCAUGHEY: It's on Page 432.

[...]

STEWART: You showed me the page the did that.

McCAUGHEY: That's right. There it is.

STEWART: And so let me just read it very quickly. "In general, for purposes of reporting data on quality measures for covered professional services, the secretary shall include quality measures on end-of-life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment."

McCAUGHEY: And what's wrong about this -- it's one thing to pay doctors to spend time with their patients discussing this issue. I am not against this. But, putting pressure on doctors to require patients to go through a consultation that's prescribed by the government and then penalize them --

STEWART: Two -- two -- two things on that.

McCAUGHEY: Wait a second. Wait a second.

STEWART: All right.

McCAUGHEY: Just, just -- and then to penalize them if the patient or their family changes their mind about their living will --

STEWART: Two, two, two things about that --

McCAUGHEY: -- in a moment of crisis. That's really wrong.

STEWART: It would be really wrong if that was in any way what this said.

In fact, the language McCaughey cited provides incentives for doctors to report data

Bill language deals with "reporting data." From Pages 431-432 of the House tri-committee bill, America's Affordable Health Choices Act:

(1) PHYSICIAN'S QUALITY REPORTING INITIATIVE. -- Section 1848(k)(2) of the Social Security Act (42 U.S.C. 1395w--4(k)(2)) is amended by adding at the end the following new paragraphs:

''(3) PHYSICIAN'S QUALITY REPORTING INITIATIVE. --

''(A) IN GENERAL. -- For purposes of reporting data on quality measures for covered professional services furnished during 2011 and any subsequent year, to the extent that measures are available, the Secretary shall include quality measures on end of life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment.

''(B) PROPOSED SET OF MEASURES. -- The Secretary shall publish in the Federal Register proposed quality measures on end of life care and advanced care planning that the Secretary determines are described in subparagraph (A) and would be appropriate for eligible professionals to use to submit data to the Secretary. The Secretary shall provide for a period of public comment on such set of measures before finalizing such proposed measures.''.

"Physician's Quality Reporting Initiative" provides incentives for satisfactorily reporting data, not for outcomes. The initiative provides that an eligible health care professional can receive "incentive payments" if he or she "satisfactorily submits (as determined under this subsection) to the Secretary [of Health and Human Services] data on such quality measures in accordance with such reporting system for such reporting period." The Department of Health and Human Services' Frequently Asked Questions page describes "satisfactory reporting for Physician Quality Reporting Initiative" as follows:

The statutory description of satisfactory reporting for Physician Quality Reporting Initiative (PQRI) depends on how many quality measures are applicable to the services furnished by the physician or other eligible professional (EP) during the entire reporting period. If there are no more than three quality measures applicable to the services provided by the EP, then each measure must be reported for at least 80% of the cases in which the measure was reportable. If there are four or more quality measures applicable to the services provided by the EP, then at least three measures, selected by the EP, must be reported for at least 80% of the cases in which each measure was reportable. EPs are encouraged to report on as many quality measures as are applicable to the services provided. Reporting on as many applicable measures as is practical will increase the opportunities to reach the 80% satisfactory reporting level.

McCaughey previously backtracked from claim that Page 425 of bill makes end-of-life counseling mandatory

McCaughey previously claimed Congress made end-of-life counseling mandatory on Page 425. McCaughey stated on July 16:

And one of the most shocking things I found in this bill, and there were many, is on Page 425, where the Congress would make it mandatory -- absolutely require -- that every five years, people in Medicare have a required counseling session that will tell them how to end their life sooner, how to decline nutrition, how to decline being hydrated, how to go in to hospice care. [FredThompsonShow.com, interview archives, 7/16/09]

PolitiFact: McCaughey has "pants on fire," "spreading a ridiculous falsehood." In response to McCaughey's claim that Page 425 made end-of-life counseling mandatory, PolitiFact.com said:

For our ruling on this one, there's really no gray area here. McCaughey incorrectly states that the bill would require Medicare patients to have these counseling sessions and she is suggesting that the government is somehow trying to interfere with a very personal decision. And her claim that the sessions would "tell [seniors] how to end their life sooner" is an outright distortion. Rather, the sessions are an option for elderly patients who want to learn more about living wills, health care proxies and other forms of end-of-life planning. McCaughey isn't just wrong, she's spreading a ridiculous falsehood. That's a Pants on Fire. [PolitiFact.com, 7/23/09]

McCaughey backpedaled on claim after it was debunked. After Politico asked McCaughey in a July 28 article 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."

McCaughey softened rhetoric on other claims in the past. After McCaughey repeatedly claimed that provisions in the economic recovery act would permit the government to dictate treatment, she was confronted by CNN health care reporter Elizabeth Cohen, who reported: "I had a PDF of the bill up on my computer. I said, 'Show me where in the bill it says that this bill is going to have the government telling your doctor what to do.' And [McCaughey] directed me to language -- it didn't actually say that. But she said that it was vague enough that it would allow for that to happen in the future."

Expand All Expand 1st Level Collapse All Add Comment
    • Author by Bad News (August 21, 2009 5:11 pm ET)
      3 2
      It's one thing to stand up for your Convictions.
      It's quite another to actively try to keep 45 million un-insured Americans in some kind of Health Care Detention.
      I watched Ms. McCaughey try to explain her position.
      When you lie to my face, that's when i start to aggressively Petition.

      Speak truth to power.


      Mr. News
      Report Abuse
      • Author by Cheney2012 (August 24, 2009 9:16 am ET)
           
        It's not even close to 45 million and you know thst. Stop LYING. You speak no truth to anything.
        Report Abuse
        • Author by Cheney2012 (August 24, 2009 9:52 am ET)
             
          Open Question to the MMFA/Obama sycophants?

          Will life-saving treatment for cancer and other illnesses -- like that Sen. Ted Kennedy received, prolonging his life for over a year -- be covered by the 'public' option? More theoretically, do you folks believe it should be covered?
          Report Abuse
          • Author by NiceguyEddie (August 24, 2009 10:55 am ET)
               
            Though it undeserved, I'll dignify that ridiculous lead, by answering your theoretcal question on no uncertain terms: YES. Absolutely and WHY THE HELL NOT?

            I'd even have them cover it for you, Dick.

            Why the hell wouldn't you?

            (Good luck answering that without revealing everything that's wrong with how CONSEERVATIVES and REPUBLCIANS look at health care!)
            Report Abuse
          • Author by bintx (August 24, 2009 11:11 am ET)
               
            You know, I've got a 29 year old friend WITH HEALTH INSURANCE who is lying in a hospital bed AS WE SPEAK in severe, intractable pain, a white count 5 times what it should be and with fever. His diagnosis of a treatable blood cancer was made over three weeks ago . . . he is still without the medication PRESCRIBED by his doctor and which he NEEDS to prevent this treatable disorder from becoming acute leukemia. Why? Because his health insurance company is "reviewing" the necessity of this drug. I've known this young man since he was 5 years old . . . he's been paying his premiums faithfully and now, the insurance company is trying its DARNDEST to figure out how to deny him the medications that his physician has determined are necessary to treat him. His is not an isolated case. This happens ALL THE TIME.

            Your use of the term "Obama sycophants" is completely uninformed. I was not an Obama fan and he was not my choice for president. Neither was McCain. I felt that the American public was short-changed with its choices of presidential candidates in the last election, but I do fell that Obama was the better of the two, particularly given McCain's poor choice of a running mate.

            Try arguing the issues and quit putting your Fox blather here. Try critical thinking for a change and form your OWN opinions based upon FACTS and not just repeating the ridiculous nonsense you're picking up from Fox and talk radio.
            Report Abuse
    • Author by loonz (August 21, 2009 5:30 pm ET)
      6 1
      All she's doing is projecting her right-wing paranoia on certain provisions of bill.
      Report Abuse
      • Author by ReasonAndResolve (August 21, 2009 6:16 pm ET)
        7  
        Actually, all she is doing is using the paranoias of right wing sheep to support the special interests that pay her.

        She doesn't believe a word she is saying.
        Report Abuse
      • Author by bintx (August 23, 2009 3:56 pm ET)
        2  
        It's not right wing paranoia, she is an insurance industry shill. She knows that the information she is peddling is false. She intentionally peddles false, SCARY information as part of her job. Her goal is to frighten people in order to keep health care from passing.

        She's a highly paid . . . ahem, "lady of the evening," so to speak.
        Report Abuse
    • Author by deb6816 (August 21, 2009 5:32 pm ET)
      5  
      McCaughey also is completely untruthful about this sentence:

      Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment.

      Her interpretation is that doctors would be penalized if a patient, facing imminent death, changed his or her mind about refusing life-sustaining treatment.

      In fact, living wills and other end of life orders are not used unless a patient is unable to make their wishes known. If the patient is able to communicate, there is no need to adhere to any orders. The quality reporting is meant to measure whether medical professionals adhere to the wishes of their patients when a living will or other health care instrument is used.

      McCaughey's interpretation is meant to raise the specter of doctors and medical officials heartlessly ending lives as your poor old mother lies there crying "I changed my mind! I don't want to die!"
      Report Abuse
      • Author by Easy to refute wingnuts (August 23, 2009 9:42 am ET)
        1  
        McCaughey's interpretation is meant to raise the specter of doctors and medical officials heartlessly ending lives as your poor old mother lies there crying "I changed my mind! I don't want to die!"
        Yes, but the GOP's shining example of a doctor is one like Bill Frist, who unethically diagnoses patients from afar merely by watching selectively edited videotapes, and who made millions running for-profit hospitals. That is precisely the type of heartless doctor they refer to in their paranoia, one whose decisions are made for political and/or monetary gain.
        Report Abuse
    • Author by rianeiru (August 21, 2009 6:53 pm ET)
      3  
      "It would be really wrong if that was in any way what this said." is my new favorite media quote of all time.

      Did anyone else notice how McCaughey spent a lot of the interview deliberately turned towards and addressing the audience? It's very unconventional for this kind of show. I don't think she went on TDS to be interviewed; she went to preach the gospel of misinformation at the audience.

      Also, the giant sheaf of pages when all she needed was 2 was a clever little trick. "Oh, look at the bureaucracy you'll have to wade through if the government gets into health care. Yes, it's a lot isn't it? Don't worry, I'll tell you what it says, you don't need to read it."

      Yay for Jon Stewart and his wonderful ability and willingness to cut through the rhetorical BS.
      Report Abuse
    • Author by epkklk851 (August 21, 2009 7:21 pm ET)
      8  
      This story came up yesterday, but it deserves to come back again. I watched the whole interview on The Daily Show site and it is hilarious. What I find most funny is the fact that she has no clue when Stewart repeatedly (and deservedly) insults her. I think it amuses Stewart, too. He can't believe she is actually spewing this bilge. And, somehow, he can smile while delivering these snappy putdowns without seeming too pompous or too creepy(Beck).
      Report Abuse
      • Author by mary59 (August 22, 2009 8:33 pm ET)
        5  
        Now that's not fair to Beck, he truly IS pompous and creepy, and can't help himself at this point ;-)
        Report Abuse
    • Author by pam95650 (August 22, 2009 12:16 am ET)
         
      all you got to do is look for yourself:

      http://energycommerce.house.gov/Press_111/20090714/aahca.pdf
      Report Abuse
    • Author by donaldmaddog5642 (August 22, 2009 9:23 am ET)
      5  
      Jon Stewart should hold a seminar for Democrats and other progressives on how to refute wing-nuts. How is it that a Comedy Central personality has more brains than all the pundits we see on the rest of the Main Stream Media? To criticize Jon Stewart for being "only" a comedian just doesn't cut it. The man has balls!
      Report Abuse
      • Author by congero6189599 (August 22, 2009 12:33 pm ET)
        4  
        Yea,what about his take down of Bill Kristol and the madman Cramer,ripping the mask so clearly from their shallow arguments by basically calling what their peddeling exactly what it is BS.
        Yep the paid corporate media punditocracy(is that a word?)could use a lesson or two from Mr.Stewart. They should be embarassed that he does so easily what they pride themselves in doing but only muck up;getting at and telling the truth.
        Report Abuse
      • Author by shaggles (August 24, 2009 11:57 am ET)
           
        No seminar necessary. The way to refute wingnuts (or anybody else) is to actually know what you're talking about.
        Report Abuse
    • Author by jcalton (August 22, 2009 12:36 pm ET)
      5  
      I get this same end of life "counseling" every time I visit the VA. All veterans get it.
      Them: "Do you have a living will?"
      Me: "No."
      Them: "Are you interested in one?"
      Me: "Yes."
      Then, they mail me a pamphlet explaining what one is and how to create one.

      This has happened to me maybe 8 or 9 times and I'm still alive, so if it's a death panel, it's not a very good one.
      I wonder what the language is in Medicare and/or VA and if the current bill is simply a cut and paste.

      P.S. This is PUBLIC OPTION HEALTHCARE I am receiving at the VA.
      Where are all the outraged Republicans (and their town hall zombies) screaming for us to get rid of Medicare and Veteran's healthcare?
      Those are both public option. Out of 300+ Republican and conservative voices, have any of them complained about THE PUBLIC OPTIONS THAT WE ALREADY HAVE?
      Report Abuse
      • Author by donaldmaddog5642 (August 22, 2009 5:20 pm ET)
        4  
        Excellent points, joalton! But, keep in mind that all this bull about a health care option is just a smokescreen to get rid of Obama. The wing-nuts just don't want him re-elected. If they can screw him (us) and make his agenda fail, that is basically all they want to do. They know that this is a popular topic for all Americans so it is tailor made in terms of importance to make him (us) fail. It never is about what is good for our country, but what is good for their party.
        Report Abuse
      • Author by ChiCat (August 22, 2009 7:10 pm ET)
        2  
        Of course it's not a very good death panel; it's run by the government! ;)

        (of course Stewart already got a right-winger, Kristol, to admit that government run health care, in the form of the VA was awesome)

        Interestingly, my Medicare receiving friend felt the need to point out that a guarantee of health care was not in the Constitution. I didn't hear back from her when I asked if she thought we should get rid of Medicare and Social Security; I wish I had thought of the VA, her husband is retired military, so he probably get his care there too.

        btw, love your avatar!
        Report Abuse
        • Author by bintx (August 23, 2009 4:00 pm ET)
          1  
          Sounds like my SS disability/Medicare receiving friend. He is constantly bashing people who "live off the taxpayers." His medical, housing, food, gasoline, even his free cable . . . it's all paid by me, the taxpayer. I'm glad to help him. He pays no taxes any longer . . . why is he so greedy about money that's not even his?
          Report Abuse
          • Author by Cannonball (August 24, 2009 1:24 pm ET)
               
            Wait a minute. How does your "friend" on SSID and medicare get get "medical, housing, gasoline, and cable" for free? He must certainly have a Mecigap policy or pay co-payments for all his medical care. He must pay the co-payments for Rx. If he gets an SSID check, it is unlikely that he even qualifies for food stamps. What program buys gas and cable tv? Are you saying he didn't pay taxes to qualify for SSID and Medicare? Without these programs, he's either have to be on SSI and Medicaid, both are need based programs, or he could just starve and die! Which are you promoting?

            BTW, he does pay sales tax and excise taxes (on gas and cable). These taxes may be as high as 10% of his spending, depending on the state he lives in. He may also pay property tax, insurance tax, and, if he travels, additional taxes.
            Report Abuse
            • Author by bintx (August 24, 2009 3:01 pm ET)
                 
              He is 100% disabled due to a nerve condition. If you saw him, you'd never know. He is on SSID and Medicare. All of his expenses are paid for with his disability payments which are paid with TAXPAYER'S dollars. He gets reduced cost housing which, in his case, includes free cable. He doesn't have to pay for anything out of his own pocket that he didn't receive from the TAXPAYER'S dollars, including sales tax, excise taxes and road taxes.

              What I'm saying is that this man is living off of the TAXPAYER's DOLLAR and he's bellyaching about having other people do EXACTLY what he's doing. Calls them lazy bums.

              I'm not saying he didn't qualify to receive these benefits . . . he did. I don't have a problem with him receiving these benefits . . . I think that, morally, ALL Americans should have the same sort of benefits, I just find it disingenuous for someone who is living off of the taxpayer's dime to be berating others who are JUST LIKE HIM.

              Report Abuse
      • Author by albertsenj (August 23, 2009 3:33 am ET)
        2  
        See how inefficient the government is - it can't even put together a functional death panel!! ;)
        Report Abuse
      • Author by shaggles (August 24, 2009 11:54 am ET)
           
        You've told them 8 or 9 times that you're interested in a living will and you still don't have one?
        Report Abuse

Most Popular Tags

Feed IconRSS Feeds

Get personalized rss or email alerts

Connect & Share

Facebook Twitter Digg YouTube MySpace