Review of the Minnesota Compassionate Care Act of 2015
Calvin McNeal
University of Minnesota – Crookston
HSM 3240 – Spring 2016 Introduction
The Minnesota Compassionate Care Act of 2015 was introduced in the Minnesota Senate in 2015, with some expectation that it would be brought up for a vote during the 2016 legislative session. This proposed legislation would create a legal process for terminally ill patients to receive life ending medication from their physician, for the purpose of “Aid in Dying”. Passage of this bill would make Minnesota the seventh State to approve a Death With Dignity bill. Minnesota is not alone in introducing this type of legislation, this legislative season. As of March of 2015, “At least 17 states have introduced similar legislation” (Simons, 2015), and the Governor of California signed a similar bill into law earlier this year. As with any policy that addresses issues of life and death for patients, the legislative process for bills such as these are fraught with idealist contention. A thorough understanding of the actual legislation being proposed helps the public to make informed decisions regarding what they want their elected representatives to support.
Purpose and Process of the Proposed Legislation
The purpose of the Compassionate Care Act is to limit the amount of suffering that individuals experience when in the late stages of a terminal illness. Many diseases, such as cancer, end stage renal disease, HIV/AIDS, and congestive
While the main issue that surrounds physician-assisted suicide is pain control, for the terminally ill, proponents are still unwilling to compromise. However, if both proponents and
Physician assisted suicide was brought to mainstream attention in the 1990’s due to Dr. Kevorkian’s “suicide machine," who claims to have assisted over 100 suicide deaths of terminally ill patients with Alzheimer’s disease (Dickinson, p. 8). In the early 1990’s, for the first time in United States history the issue was brought to the voting polls in California, Washington, and Oregon (Dickinson, p. 9). The bill was passed in Oregon; legally allowing physicians to facilitate death of the terminally ill, but voters fails to pass the bill in Washington and California (Dickinson, p. 9). In 2008 voters in Washington State passed the Washington Death with Dignity Act (Dickinson, p. 277). Today
Physician-assisted suicide is controversial in healthcare and political realms alike. Currently, this end-of-life option is practiced in five states within the United States. Social concerns regarding assisted suicide revolve around ethical quandaries; providing the means to a patient’s death is contradictory to ethical principles of healthcare providers. Political concerns surrounding the legalization of assisted suicide include disparities in healthcare that may lead to certain populations choosing assisted suicide and the stagnation of current care options. While there is no succinct manner in which to declare assisted suicide right or wrong, each individual must address the social and political concerns surrounding the issue when voting for legislation to legalize assisted suicide or pursuing the option for themselves.
Every day in the United States 1,500 people are diagnosed with a terminal illness. These people are given few options when determining if the wish to try treatment and if treatment does not work, how to deal with the end of their lives. (author unknown, “Cancer”) With this horrible future ahead of them many may wish to make amends before it’s too late, however, an increasing number of people are seeking an alternate solution. In states such as Oregon, Washington, Vermont, Montana and soon California a relatively new, legal option is available for people with terminal illnesses. The states of Oregon, Washington, Vermont, and Montana created a law which allows people with a terminal illness and less than six months that are mentally healthy seek professional medical help that will end their lives (Humphrey, Derek) . This topic has created heated debates across the United States with each side have clear and defined reason as to why or why not this controversial law should be processed for the whole country. The people who defend the law believe that people who are losing their lives should be able to leave this world on their own terms, and with the help of physicians they can go in a painless and mess-free way. Supporters also believe that by not wanting to the end it can help save patients, doctors, and insurance time and money that could be better spent on patients who may have options and may not be able to reach them without
Brittany Maynard was one of the people to use the Death with Dignity Act in Organ and once said,“To have control of my own mind…to go with dignity is less terrifying. When I look at both options I have to die, I feel this is far more humane” (Sandeen, 2014). No matter what, we will all eventually die, but we should have the right to die as humanely as possible. The Death with Dignity Act is an end-of-life choice possibility for terminally ill patients to be given the freedom to decide for themselves what it means to die with dignity. This act allows them to die with dignity by providing them with lethal medications prescribed by a physician (The Oregon Department of Human Services, 2006). The Death with Dignity Act started to allow people with six months or less to live, the right to die in a manner and at the time of their own choosing. Also, even though modern medicine has benefited humanity greatly, it cannot completely resolve the suffering and distress that comes with the dying process, so Death with Dignity can provide a painless end-of-life choice for suffering individuals (Humphry, 2009). Although Death with Dignity is a controversial topic I feel it can be very beneficial especially since people go through a long process just to try to get the medication and the ones that get it really need it. I chose this topic because death always has been interesting to me and I one day hope to have a career
Currently, six states have enacted the death-with-dignity law allowing a terminally ill patient the right to choose how their life ends after obtaining permission from those in authority. In 44 states, state law prohibits assisted suicide and an active participant considered as committing a criminal offence. The U.S. Supreme Court protects a patient’s liberty to refuse medical treatment, but continues to side with the government’s interest in preserving life outweighing a person’s right to assisted-suicide. According to the U.S. Code, “Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities.” (U.S. Code)
Since 1993, Compassion in Dying, which is a nonprofit charitable organization, has provided information, consultation, and emotional support to patients that were terminally ill and wanted to consider assisted dying by self-administration of medication as one of their end of life options. The team for this organization includes nurses, psychologists, physicians, and clergy as was as laypeople from the community who help patients, their families, and their physicians examine the choices available to achieve peaceful and humane deaths (Lee). To be eligible to use this Act a person must be a resident of Oregon, 18 years or older, capable of making and communication health care decisions for him or herself, mentally competent, and diagnosed with a terminal illness that will lead to death within six months. This article uses data from the files of Compassion in Dying, and they describe 34 individuals who approached Compassion wanting to use the Death with Dignity Act and who died during the first year of the Act’s implantation. A downfall to this Act that has caused some problems is delays in processing a
In March 2010, the US President Barack Obama signed the Affordable Care Act (ACA) into the law which was proposed to provide health insurance services to more American peoples by reducing health costs. The Affordable Care Act endorsed states to set up health insurance “exchanges” to register people in insurance programs and increase their capability to evaluate insurance services. State of Minnesota decided to build up its own health insurance exchange called ‘MNsure’ system, rather than rely on the federal exchange. Minnesota chosen the “Cúram Solution to develop health insurance exchange which was a package system presented by big IT company IBM and was particularly designed to assist American states to fulfill the ACA requirements. Prior to the Mnsure, Minnesota was a primary leader in the modernization of health care department in US , but the system provided by Minnesota makes uncomfortable thousands of state people using MNsure health exchange program(Greg Davids ,2015).
Suffering at the end of life stems from multiple sources, including unyielding pain, depression, loss of personal identity, loss of control and dignity, fear of death, and/or fear of being a burden on others (AAHPM, 2007). The overwhelming symptoms lead many terminally ill patients to ask their doctors to help them die (Gorman, 2015). According to Dr. R. Sean Morrison, professor of geriatrics and palliative care medicine at Mt. Sinai’s Icahn School of Medicine in New York, “their choice shouldn’t be an assisted death or living with intractable suffering” (as cited in Gorman, 2015). The American Academy of Hospice and Palliative Medicine (AAHPM) (2007) strongly recommends that medical practitioners
Physician Assisted Suicide (PAS) has grown into quite a contentious topic over the years. According to Breitbart and Rosenfeld (1), physician-assisted suicide can be defined as “a physician providing medications or advice to enable the patient to end his or her own life.” One may find many articles that are written by physicians, pharmacists, patients, and family of patients who receive PAS; from there, it is possible to gain a better understanding of what PAS is and how it has become a rising issue in the United States. For readers who have not heard about PAS and what it entails, it is important to understand that this is a debatable topic that should be approached lightly and non-aggressively in the United States when factors such as offering terminally ill patients the right to end their suffering, the likelihood of overall healthcare cost to decrease, and the comparison of palliative care to physician-assisted suicide are examined.
The issues of physician-assisted suicide (PAS) are both emotional and controversial. Some argue PAS is ethically permissible for a dying person who has chosen to escape unbearable suffering at the end of life; it is the physician’s duty to alleviate the patient’s suffering and justifies aid-in-dying. These arguments rely on the respect for individual autonomy. “Individual autonomy is an idea that is generally understood to refer to the capacity to be one's own person, to live one's life according to reasons and motives that are taken as one's own and not the product of manipulative or distorting external forces.” (STANDFORD REF)
The process of assisted suicide, or physician-assisted death, is a hotly debated topic that still remains at the forefront of many national discussions today. Assisted suicide can be described as the suicide of patient by a physician-prescribed dose of legal drugs. The reason that this topic is so widely debated is that it infringes on several moral and religious values that many people in the United States have. But, regardless of the way that people feel, a person’s right to live is guaranteed to them in the United States Constitution, and this should extend to the right to end their own life as well. The reasons that assisted suicide should be legalized in all states is because it can ease not only the suffering of the individual, but the financial burden on the family that is supporting him/her. Regardless of opposing claims, assisted suicide should be an option for all terminally ill patients.
The U.S. Supreme Court upheld court decisions in Washington and New York states that criminalized physician-assisted suicide on July 26, 1997.12 They found that the Constitution did not provide any “right to die,” however, they allowed individual states to govern whether or not they would prohibit or permit physician-assisted suicide. Without much intervention from the states individuals have used their right to refuse medical treatment resulting in controversial passive forms of euthanasia being used by patients to die with dignity such as choosing not to be resuscitated, stopping medication, drinking, or eating, or turning off respirators.9
First, Connecticut pro-choice supporters attempted to legalize the Death with Dignity Act three times since 2013, as they believe competent, terminally ill individuals in Connecticut should have the legal right to choose medically assisted death. Unfortunately, this legislation has not come to a vote in Connecticut; however, each time more people are supportive of the bill. The last Quinnipiac University Poll, completed in March 2015, has shown that by more than a 2-1 margin (63% vs. 31%), Connecticut voters support “allowing doctors to legally prescribe lethal drugs to help terminally ill patients end their lives” (C&C, Oregon, 2016). The “Death with Dignity Act” originated in Oregon, in 1997 with enough support to be the first state to pass the new law. Washington passed a similar law eleven years later, in 2008. Additionally, Colorado has been the most recent state to have this law passed on November 8, 2016. All the states have modeled after Oregon’s Death with Dignity Act. Specifically, the law states that the person must be terminally ill with less than six months to live, also be at least eighteen
Here in the United States, the topic of assisted suicide as long being discussed and disputed many times especially when there is a high profile case in the news. According to (Sanburn, J 2015) throughout the late 1990s and early 2000s, the Death with Dignity National Center kept an office in Washington, D.C. For years, Republican lawmakers tried to pass legislation nullifying Oregon’s 1997 Death with Dignity Act, which allowed terminally ill patients to obtain life-ending medication. The legislation never made it out of the Senate, but it eventually passed in the Republican-controlled House, and the aid-in-dying organization felt compelled to keep pressure on Congress to stop the bill. Then came Terri Schiavo.