Bush's Futile Care Act of 1999

Tessa3 · Posted: Tue Mar 22, 2005 11:41 am Post subject: Bush's Futile Care Act of 1999

Don’t you think it is a bit cynical that Bush, who signed the Futile Care Act of 1999 as governor of Texas allowing hospitals to terminate extraordinary services, albeit contrary to the wishes the patient’s familyif a patient’s family no longer had the ability to pay, now stump for prolonging Terry Schiavo’s life contrary to her expressed wishes and those of her husband? Do you think once the remaining $40,000 of her $1,000,000 wrongful death settlement is exhausted, our illustrious President will advocate for pulling the plug?

Mr. Pessimistic

Is this true? I have to find this in writing...

It is not surprising though...since he is a two faced opportunist.

Mr. P.

The one thing of which I am positive is that there is much of which to be negative - Mr. P.

I came to get down, I came to get down. So get out ya seat and jump around - House of Pain

HEY! Is that a ball in your court? - Mr. P

I came to kick ass and chew Bubble Gum...and I am all out of Bubble Gum - They Live, Roddy Piper

MadArchitect

Well, he wasn't stumping for a "culture of life" back then.

Mr. Pessimistic

Futile Care Act

Here is a link to the State of Texas website...

I have NOT read this through, but wanted to post it FYI.

Mr. P.

The one thing of which I am positive is that there is much of which to be negative - Mr. P.

I came to get down, I came to get down. So get out ya seat and jump around - House of Pain

HEY! Is that a ball in your court? - Mr. P

I came to kick ass and chew Bubble Gum...and I am all out of Bubble Gum - They Live, Roddy Piper

Mr. Pessimistic

Her meds are already paid through Medicaid...from what I read...

Mr. P.

The one thing of which I am positive is that there is much of which to be negative - Mr. P.

I came to get down, I came to get down. So get out ya seat and jump around - House of Pain

HEY! Is that a ball in your court? - Mr. P

I came to kick ass and chew Bubble Gum...and I am all out of Bubble Gum - They Live, Roddy Piper

MadArchitect

This would seem to be the relevant section:

Quote:

450, § 1.03, eff. Sept. 1, 1999.

§ 166.039. PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION. (a) If an adult qualified patient has not
executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the attending physician and the patient's legal guardian or an agent under a
medical power of attorney may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment from the patient.
(b) If the patient does not have a legal guardian or an agent under a medical power of attorney, the attending physician and one person, if available, from one of the following categories, in the
following priority, may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment:
(1) the patient's spouse;
(2) the patient's reasonably available adult children;
(3) the patient's parents; or
(4) the patient's nearest living relative.
(c) A treatment decision made under Subsection (a) or (b) must be based on knowledge of what the patient would desire, if known.
(d) A treatment decision made under Subsection (b) must be documented in the patient's medical record and signed by the attending physician.
(e) If the patient does not have a legal guardian and a person listed in Subsection (b) is not available, a treatment decision made under Subsection (b) must be concurred in by another
physician who is not involved in the treatment of the patient or who is a representative of an ethics or medical committee of the health care facility in which the person is a patient.
(f) The fact that an adult qualified patient has not
executed or issued a directive does not create a presumption that the patient does not want a treatment decision to be made to withhold or withdraw life-sustaining treatment.
(g) A person listed in Subsection (b) who wishes to
challenge a treatment decision made under this section must apply for temporary guardianship under Section 875, Texas Probate Code.
The court may waive applicable fees in that proceeding.

Chris OConnor

Tessa3

We really don't know for sure that she ever told her husband, or anyone for that matter, that she didn't want to be kept on life support if it became necessary. Couldn't her husband be lying?

I heard through the grapevine that there are people that suspect her husband of being responsible for her current condition. Could he have beat her into her brain-damaged state? Would this explain why he doesn't want her to live? Might it explain why he refuses any and all further testing?

I'm only throwing out some ideas. As a freethinker community we need to do our best to think critically and not become products of the media. Do some research and think about all perspectives.

I really don't know what the right thing to do is in this case. I'm going to be preparing a will and all the paperwork necessary to avoid such a situation should I become a veggie. I think it is called a "living will," but I'm not sure.

Chris

Chris OConnor

I'm moving this from The Roundtable to the Politics forum. I think it fits better there.

Chris

jjacobs43

Quote:
I heard through the grapevine that there are people that suspect her husband of being responsible for her current condition. Could he have beat her into her brain-damaged state? Would this explain why he doesn't want her to live? Might it explain why he refuses any and all further testing?

The grapevine has gotten out of control on this. I have no idea what to believe any more. I read one article that claims he killed her cat. Good grief!

But, anyway, he did not put her in that condition. It was caused by an eating disorder.

Tessa3

The woman is for all intents and purposes dead. If her parents want to keep the shell of the woman she was pumping for the next 20 years, I would ordinarily have no problem with that, except for the fact that her husband is her guardian for health care. This is bigger than this individual case.

Do you or I have the right to make end-of-life decisions for ourselves or appoint someone else to do so?

Do we have the right to have our statutory attorney make health care decisions for us?

Do we have the right to have those decisions upheld by the court, or will those decisions be second-guessed and overturned by over zealous right-wing zealots with an agenda who cannot be content to make their own final arrangements but are determined to make our choices for us.

Are we entitled to the expectation that the laws in our state will be followed or that a faction of Congress will over reach itself to garner votes.

This is more than about one family and their tragedy.


	FORUMS	ABOUT	BOOKS	VIDEOS	TRANSCRIPTS	LINKS	BLOGS	DONATE	CONTACT