Push for living wills awareness gains momentum

February 10, 2005

WASHINGTON, D.C. - U.S. Sen. Bill Nelson (D-Fla.) today was joined by two key senators in his bipartisan effort to make people across the nation aware they can write down instructions for medical care should they become unable to make decisions themselves.

He introduced legislation with U.S. Sens. Richard G. Lugar (R-Ind.) and Jay Rockefeller (D-W.Va.) that would give all Medicare beneficiaries a covered doctor visit for the purpose of discussing end-of-life care. The bill also would fund a public-education campaign to increase awareness of living wills among Americans of all ages.

"The tragic case of Terri Schiavo in Florida highlights the importance of making our health-care wishes known," said Nelson, referring to the case of a 41-year-old severely brain-damaged woman whose parents and husband became embroiled in a legal debate over whether she should be sustained on a feeding tube. "If more Americans were aware of living wills, I'm certain we could help other families avoid this type of gut-wrenching dispute."

"Americans of all ages deserve quality end-of-life medical care." Lugar said. "This legislation would improve access to information about individuals' health care options and, additionally, promote advance care planning and decision-making."

"Many Americans never prepare for end-of-life circumstances, leaving their families to make tough, often heart-wrenching decisions," Rockefeller added. "To honor the wishes of the patient, the public needs access to education and information about advance planning. One way the federal government can do this is by having Medicare cover a doctor's visit for patients to learn their options. If we can make Americans aware of these possibilities, then patients will be able to spend their final days on their own terms."

With advances in health care and extended life expectancy, it's increasingly important for all Americans, especially seniors, to prepare advance directives that indicate health-care preferences and identify a power of attorney to make health-care choices. But a recent study estimated that less than 20 percent of Americans make these important plans. One reason for such low numbers may be that Medicare never has covered a doctor's visit specifically for talking about the kinds of medical decisions one is likely to face if they become incapacitated.

Besides the Medicare provision, the legislation also would require the U.S. Department of Health and Human Services to develop a $25-million public education campaign aimed at alerting adults about their health-care options should they not be able to communicate. It would be modeled after successful education campaigns on organ donation.

Nelson and Rockefeller sponsored separate bills in the last Congress with goals similar to the legislation introduced today. The new coordinated, bipartisan effort has bolstered support for the measure. A leading end-of-life care advocacy group already has endorsed it.

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