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Mass. Senate Skirts End-Of-Life Counseling Controversy

Updated at 11:00 a.m. on May 24.

With no debate, and a quick call of the ayes and nays, the Massachusetts Senate approved a requirement last week that all doctors and nurses talk to dying patients about their end-of-life options.

The measure was included in a sweeping that the House expects to consider early next month.

In the Senate, no one raised any objections to amendment no. 121, “Palliative Care Awareness.”聽 It says that physicians and nurses in Massachusetts must talk to terminally ill patients about their end of life options, their risks and benefits and how best to manage their symptoms and pain.

“The question comes on adoption of the amendment,” said Senate President Therese, without pause, barely glancing up.聽 “All those in favor say Aye, opposed No, the Ayes have it, the amendment is adopted,” continued Murray.

Almost three years ago, Sarah Palin claimed that such counseling could turn into聽

鈥淚 picture it as a panel of bureaucrats deciding who will receive that care based on someone鈥檚 subjective judgement of their years left of productive life,鈥 Palin told radio host Sean Hannity. 鈥淭hat鈥檚 a cruel and evil way of allowing Americans to receive the health care coverage that they want.鈥

In Massachusetts, end-of-life counseling advocates say they won鈥檛 let Palin鈥檚 interpretation derail their mission.

鈥淭he national controversy about death panels 鈥 what AARP called lies about death panels 鈥 is completely misguided,鈥 said Dr. Lachlan Forrow, who directs ethics and palliative care programs at Beth Israel Deaconess Medical Center. 鈥淚n Massachusetts we can unite and show how to do it right.鈥

Forrow chaired an expert panel on end-of-life care that wrapped up last year. The Senate amendment is a first step toward filling . Forrow says there鈥檚 widespread agreement in Massachusetts that to make sure patients get the care they want they must be informed about their options.

Dr. Lachlan Forrow directs ethics and palliative care programs at Beth Israel Deaconess Medical Center (Photo by Martha Bebinger/WBUR).

To prolong life 鈥渁s long it might work in the ICU might be a choice,” says Forrow.聽 Other patients might say “I want to be at home with my family, as comfortable as possible. People need the full range of choices. That needs to be documented if they (the patients) have preferences, and it has to be respected absolutely all the time.”

The next step, Forrow says, must be to train hospital and home care staff about how to follow a patient鈥檚 wishes.

Senate Republican leaders confirm that they have no objections to this amendment and it also has the support of one of the state鈥檚 leading right-to-life groups, the Massachusetts Family Institute. But the group鈥檚 president, Kris Mineau,聽has one caveat.

“We do have concerns down the road that, God forbid, should the physician assisted suicide referendum pass on the ballot in November, this could open up a Pandora鈥檚 Box,” says Mineau.聽 A question about whether to allow physician assisted suicide may go before voters in Massachusetts this fall.聽 If approved, Mineau would oppose adding that option to the choices doctors must mention to terminally ill patients.

New York requires hospitals and physicians to about palliative care to terminally ill patients. The National Hospice and Palliative Care Organization says several bills that would establish end of life counseling funded by Medicare or Social Security (Wyden/Medicare and Blumenauer on Social Security) are pending on Capitol Hill but that state action is very unusual.

Such broad support for end-of-life discussions with doctors begs the question: Why is reception for this issue so different in the Bay State?

鈥淧eople in Massachusetts are smarter than everywhere else,鈥 said Sen. Richard Moore, laughing. Moore sponsored the the end-of-life counseling聽amendment. 鈥淣o, seriously, we approached this in the right way, bringing in people who had experience with it.鈥

The point, Moore said, was 鈥渘ot to demonize anybody in the process, and I think that鈥檚 a big part of it.鈥

Moore stresses that the state would not require that patients make end-of-life plans or even have the conversation if they don鈥檛 want to. Under the Senate plan, the state would consult with the Hospice and Palliative Care Federation of Massachusetts on information and guidelines for counseling patients.

This issue is only in the Senate health care costs bill right now. House leaders declined to say if they would support such an amendment when the House takes up its version of the health care cost legislation.

This post is part of a reporting partnership that includes , and Kaiser Health News.