U.S. Lawmakers Urge Oversight on Physician-Assisted Suicide in Hospice Care

A bipartisan group of U.S. lawmakers has formally requested that the Department of Health and Human Services (HHS) implement reporting protocols regarding physician-assisted suicide within hospice care settings. Senators James Lankford and Tim Kaine, along with Representatives Greg Murphy and Lou Correa, addressed the need for enhanced oversight by both HHS and the Centers for Medicare & Medicaid Services. Their objective is to prevent potential discrimination that could affect disabled individuals and the elderly.

The legislators emphasize that all hospice patients should receive unbiased palliative support, regardless of age, disability, or financial status. They note the legality of physician-assisted suicide in 13 states and the District of Columbia, expressing concerns over informed consent and risks resembling age and disability biases. These concerns are particularly pertinent in states allowing physician-assisted suicide for terminally ill patients, as terminal illnesses often align with disability criteria.

The letter draws attention to vulnerabilities faced by older adults, including financial exploitation. Data from Washington state reveals that up to 90% of individuals opting for physician-assisted suicide are already receiving hospice care. Senator Lankford stated that hospice facilities should foster empathy and careful support, rather than becoming environments where individuals might feel subtle pressures towards assisted suicide.

Further issues identified include the accuracy of medical prognoses and the lack of mental health referrals, both affecting informed consent processes. The National Council on Disability noted in a 2019 report that individual lives, particularly those of disabled persons, might end without fully informed or voluntary decisions due to errors or lack of resources.

Proposed reporting regulations for hospice services would involve procedures for disposing of surplus medication, monitoring insurance denials for medical treatment, availability of physician-assisted suicide medications, and tracking prescriptions of non-traditional drugs associated with such practices.

Moreover, the legislators underscored the need for compliance with federal laws, including the Assisted Suicide Funding Restriction Act and the anti-discrimination protections provided by the Affordable Care Act. Representative Murphy emphasized the importance of investing in palliative and hospice care as preferable medical alternatives to assisted suicide.