Three years ago (here too), I proposed deterring overly aggressive end-of-life treatment through the increasingly-wielded False Claims Act. I just noticed that, a few weeks ago, the ABA will be considering a similar Resolution at its August 2011 annual meeting in Toronto.
The Resolution, earlier approved by the Commission on Law and Aging observes that "the threat of lawsuit does not adequately deter unwanted treatment." The Resolution:
calls on the Centers for Medicare and Medicaid Services (CMS) to take preventive and corrective action in response to evidence that some institutional and individual health care providers are violating their obligations under the Medicare and Medicaid Conditions of Participation(CoPs), thwarting the treatment wishes expressed by terminally ill patients, and seeking reimbursement for these practices. Evidence suggests that this kind of violation of the CoPs are due to both providers’ and institutions’ belief that their legal obligations to provide the standard of care and honor the expressed wishes of patients may be ignored without jeopardizing federal reimbursement for services provided contrary to patient wishes.
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