Death Panels Revisited? Obama Administration Revives Controversial 'End Of Life' Provision via Regulation

Not surprisingly, this was announced on Christmas Eve when the overwhelming majority of Americans were otherwise preoccupied.

WASHINGTON — When a proposal to encourage end-of-life planning touched off a political storm over “death panels,” Democrats dropped it from legislation to overhaul the health care system. But the Obama administration will achieve the same goal by regulation, starting Jan. 1.

Under the new policy, outlined in a Medicare regulation, the government will pay doctors who advise patients on options for end-of-life care, which may include advance directives to forgo aggressive life-sustaining treatment.

Congressional supporters of the new policy, though pleased, have kept quiet. They fear provoking another furor like the one in 2009 when Republicans seized on the idea of end-of-life counseling to argue that the Democrats’ bill would allow the government to cut off care for the critically ill. [snip]

Mr. Blumenauer, the author of the original end-of-life proposal, praised the rule as “a step in the right direction.”

“It will give people more control over the care they receive,” Mr. Blumenauer said in an interview. “It means that doctors and patients can have these conversations in the normal course of business, as part of our health care routine, not as something put off until we are forced to do it.”

After learning of the administration’s decision, [Congressman] Blumenauer’s office celebrated “a quiet victory,” but urged supporters not to crow about it.

“While we are very happy with the result, we won’t be shouting it from the rooftops because we aren’t out of the woods yet,” Mr. Blumenauer’s office said in an e-mail in early November to people working with him on the issue. “This regulation could be modified or reversed, especially if Republican leaders try to use this small provision to perpetuate the ‘death panel’ myth.”

I can't help but wonder if these death panels are so 'mythical', according to Congressman Blumenauer [D-OR, 3rd District], then why was it kept out of the original legislation, only to be snuck in later on via regulation when they figured nobody else was looking? Moreover, why are Blumenauer and others urging supporters to keep quiet about it instead of 'shouting from the rooftops'?

Elsewhere, the incoming House Energy and Commerce chairman Fred Upton [R-MI, 6th District] announced that the House will schedule a vote on repealing 0bamacare before President Obama's state-of-the-union address later on this month. Although the vote would be largely symbolic and almost certain to be vetoed by the President, Upton and other Republicans said they would plan on defunding or rolling back key provisions (the 1099 requirement for small businesses, the individual purchase mandate or the 'Stupak Amendment' regarding language in the bill on abortion) of 0bamacare.