Threats to Medicaid Are a Not Dead Yet Issue

In transitioning to full time work for Not Dead Yet, I’m bringing my last fifteen years of independent living and health care advocacy experience. I’ve served on a number of boards and committees related to achieving universal health care, protecting and improving health care access for people with disabilities, and reversing the institutional bias built into Medicaid long term care, aka long term services and supports.

It’s probably obvious to most that quality health care is generally important in helping people live well while managing serious chronic conditions, whether they are considered terminal or not. What may be less obvious is the role that long term care policy plays in how people feel about their lives, their relationships and their options.

The Oregon assisted suicide reports are at best thin and superficial, but the doctors who prescribe death-causing drugs indicate that 35 percent of the individuals had “feelings of being a burden.” That’s pretty much a long term care issue.

The infamous case of Kate Cheney makes this point painfully. Ms. Cheney got a lethal prescription in Oregon, in part at the urging of her caregiver daughter. However, she didn’t take the lethal dose until after her daughter put her in a nursing facility for a week so she could have respite from care-giving. Ms. Cheney was effectively given the “choice” of feeling like a burden, being confined in a nursing facility or dying sooner than she otherwise would.

While there are many aspects of long term care that disability rights advocates address (e.g. consumer direction, home care worker training, pay and benefits), the overwhelming majority of advocacy effort is focused on stopping the crushing civil rights violations of a system that is all too quick to shuttle people off to nursing facilities and institutions.

In the public discourse leading up to this week’s deal on the debt ceiling and budget deficit, senior groups kept Social Security and Medicare front and center, but Medicaid was not often mentioned. Over the years, I’ve learned that a surprising number of people mistakenly believe that Medicare covers long term care. But when the time comes that a person needs long term care, all but the well off in our society discover the crucial role of Medicaid in meeting this basic and very human need.

I was just on a national conference call about the “debt deal” and Medicaid, because Medicaid is only exempt from budget cuts if the soon-to-be-appointed Congressional “Super Committee” fails to act or if Congress rejects their plan. One of the conference call speakers said that in the upcoming “Super Committee” negotiations, there is a “bull’s eye” painted on Medicaid.

Moreover, the Super Committee will not just be crunching numbers, it will be writing Medicaid policy. In an aging society, it’s difficult to imagine how cuts to Medicaid would not amount to an unconscionable abandonment of seniors and people with disabilities who need long term care, and many of our family members who do what they can but need help to keep the family together. Whatever happens with the debt deal, we must find ways to stretch Medicaid dollars further to meet this growing need.

The leading disability rights group ADAPT has been pushing four proposals to reform Medicaid by reversing its institutional bias:

  • Expand the use of home and community-based services.
  • Demedicalize services, reducing over-reliance on skilled nursing for routine daily tasks.
  • Expand consumer directed service options, reducing over-reliance on professionals.
  • Reorganize services based on functional needs rather than age or diagnosis to reduce wasteful and duplicative bureaucracy.

It’s critical that we put these proposals squarely and forcefully before the Super Committee.

To do just that, ADAPT is spearheading a Rally for REAL Medicaid Reform in Washington, D.C. on September 21, 2011 at noon. Not Dead Yet is a Rally co-sponsor and we urge people to attend and help to boost turn out in every way possible. For more information, including materials and contacts to help organize folks from your state, go to http://www.adapt.org/main/medicaid_rally .

Before Not Dead Yet existed, in the late 1980’s, ADAPT spoke out in what we have come to call the “Give Me Liberty or Give Me Death” cases, in which men using ventilators sued for freedom from nursing facilities or, in the alternative, death (David Rivlin, Kenneth Bergstedt, Larry McAfee). ADAPT filed friend of the court briefs in some of those cases, arguing the right to liberty. Nevertheless, courts in state after state articulated what was then a new right to “pull the plug”, no questions asked, and completely ignored the plea these men made for freedom from institutions.

For the disability community, it is as clear now as it was then: threats to Medicaid, and the home and community-based services it supports, are a Not Dead Yet issue. – Diane Coleman

What is Not Dead Yet??

Not Dead Yet is a national, grassroots disability rights group that opposes legalization of assisted suicide and euthanasia as deadly forms of discrimination against old, ill and disabled people. Not Dead Yet helps organize and articulate opposition to these practices based on secular social justice arguments. Not Dead Yet demands the equal protection of the law for the targets of so called “mercy killing” whose lives are seen as worth-less.

 

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Update: “Live-Streamed” Assisted Suicide A Hoax

I wanted to report this earlier, but some health issues at home got in the way of a timelier post.  Last week, I wrote about billionaire Alki David’s plans to live-stream the assisted suicide/euthanasia of a Russian cancer patient.

Well, there was a broadcast.  But it was an elaborate hoax.

The story is at TechExclusive.net:

The live assisted suicide that was portrayed to be broadcasted live on BattleCam.com, and made international media, turned out to be a fake promotion stunt. Owner of BattleCam.com promised to the media that he was showing a live assisted suicide on his website. Was it real? NO. Did many believe it was? Yes.

The site received more than 150k people who were all watching to see the ‘live assisted suicide’.

The video cut in, and people believed it was real. 30 seconds in to the video people were thinking, this isn’t real!? 30 seconds later, people knew it was nothing more than a publiscity stunt.

Alki then had a short talk. He claims the man who was supposed to be the brain cancer patient was simply his Boat captain, the supposed wife of the patient was his house keeper, and the doctors were real. The location and setting of the prank we pre-recorded in Greece.

So, it appears that this really was just a publicity stunt.  I’m not sure, in terms of average traffic to the site, if 150,000 is an impressive result or not.

Let’s hope it’s less than Mr. David was hoping for.  He could always give it a try again – and for real this time.  Would it go over well with the BattleCam audience?

I only watched a “video tour” of the site.  That short video featured a young guy setting his hair on fire, apparently winning a 500 dollar “prize” for doing so.  Another man announced he was really drunk and then drove a staple through a body part that should really be treated a lot more gently.

I leave it to others to figure out how well a “live” suicide would go over with an audience to a site like that.

Breaking News: Billionaire Buys the Rights to Livestream Assisted Suicide of Cancer Patient

This first got my attention earlier this week, when a single news item from Shockya.com showed up in my news feed, titled Assisted Suicide Will Be Broadcast Live on BattleCam:

Billionaire Alki David has paid the family of terminal brain cancer patient Nikolai Ivanisovich for the rights to stream his assisted suicide on BattleCam. The broadcast is slated to air on July 29, 2011 at 9 pm ET from a secret location in Eastern Europe.

Ivanisovich will receive a lethal injection, administered by a physician who has decided to remain anonymous. The doctor doesn’t want their identity revealed because of the “mitigating circumstance and likely media attention this event may generate.”

During an interview held in Russia, Ivanisovich said he’s “grateful to Mr. David and his team for making this possible. My family will be able to live in prosperity after I pass. May God bless Mr. David for his kindness and generosity.”

At the time, I was unable to find any other story verifying this and refrained from posting anything on it.

Yesterday, though, more stories started popping up, starting with a press release.  The release was quickly followed by stories on many entertainment/celebrity/gossip sites.  The story by AVN contained new information:

Though at first the idea of streaming a suicide live on such a platform might seem to be an exploitive and cynical use of new technology, as David tells it, the idea did not originate with him but with the Ivanisovich family.

“Originally, I was approached by one of my staff to help Nikolai out with medical expenses,” he told AVN. “I did so. We exchanged some emails and that was it. Once his health started to deteriorate his wife Uryna asked me to pay for his assisted end of life. It was her suggestion in fact that we stream it. So I agreed. Most of the great ideas on BattleCam come from the community on it.”

In an interview conducted in Russia, where he lives, Ivanisovish said he was “grateful to Mr. David and his team for making this possible. My family will be able to live in prosperity after I pass. May God bless Mr. David for his kindness and generosity.”

A little more from Mr. David at the end of the article:

In a sense, it seems the decision to stream the suicide engages three of David’s main interests. The initial impetus was to help a family in need, but it was also an opportunity to provide an “interesting spectacle” to viewers of BattleCam while fulfilling David’s conception of BattleCam as a “social experiment.”

The site, he said, “generates zero revenue, and even though I have developed some interesting ideas to commercialize it, it is really just my favorite toy. It is here forever. All the members of BattleCam make the site interesting and compelling and it really has grown into a fascinating community. Cynics would say [it is populated by] degenerates and low lifes, but I totally disagree. Not only do I know some very influential and even famous people who frequent BC incognito, but comments like that put me in the same group!”

Still, the all-too-human issues that surround the live streaming of an assisted suicide are not lost on David, who responded affirmatively when asked whether he would consider similar pleas that might come his way.

“I am open to similar requests, sure!” he told AVN.

Most of the news coverage and commentary gives at least a token nod as to whether or not streaming the live suicide of someone at a Swiss clinic is a good idea.

In retrospect, this is a perfectly natural development.  The American news magazine show 60 Minutes televised the taped killing of Thomas Youk via a series of injections given by Jack Kevorkian.  Recently, author and euthanasia campaigner Terry Pratchett produced a film that included  the death of Peter Smedley at a Swiss assisted suicide clinic.  It was aired on the BBC.

But these were taped, which I guess lacks the “thrill” of viewing such a thing live.

But I think the conversation about the “new ground” being broken is a less important issue than another groundbreaking issue.  Alki David is paying Nikolai Ivanisovich and his family for the right of live-streaming his suicide – enough so that Mr. Ivanisovich says his family “will be able to live in prosperity” after he dies.  Of course, that prosperity is contingent on his committing suicide – I suspect if Mr. Ivanisovich changed his mind, there would be no generous payment coming from Mr. Alki David.  No pressure there. (yes, that’s sarcasm)

According to Wikipedia, The 2011 Times Rich List named Mr. David 45th richest Man in the UK.  So when he says he would consider similar offers – to have people commit suicide in front of a live internet audience – we should take him seriously.

There’s also no reason to think that it will stop with terminally ill people killing themselves at clinics in Switzerland.  Frankly, I think the Battlecam folks are used to more spectacle than watching people get a needle in the arm and then nod off into a deep, albeit final, sleep.

I mean, really, what’s next?  Watching the live suicide of someone using the Oregon assisted suicide law?  How about paying someone to use a plastic bag and helium to commit suicide?  That’s a bit more spectacle.

When you come right down to it, why do any people who offer to have their suicides filmed have to be old or sick or disabled?  There are many people who would be willing to kill themselves if they could assure “prosperity” for their families.

Since suicide isn’t illegal, it could be that, even in the US, it isn’t illegal to pay someone who wants to commit suicide for the privilege of livestreaming their death.  Alki David could even use a sliding scale for payment.  Pill overdoses would get a generous amount, but those who volunteered to suicide through the use of a gun or by hanging would haul in the big bucks for their survivors.

Sound ludicrous?  Think on this.  Alki David is a billionaire who loves creating spectacles.  And as for the venue of BattleCam, part of the official definition of the site is “the live interactive reality television channel and community of FilmOn.com.”

If anyone was curious where reality shows could be headed, it would appear that Mr. David is prepared to lead the way.  –Stephen Drake

GREAT NEWS: Diane Coleman Transitioning to New Role as CEO of Not Dead Yet in August

Diane Coleman Transitioning to New Role as CEO of Not Dead Yet in August

Most readers of this blog and anyone else who is familiar with NDY knows that Diane Coleman is the founder and President of the group.

On August 1, 2011, Diane Coleman will transition to a new role as the full time President/CEO Chief Executive Officer of Not Dead Yet. She has served as its volunteer President since its inception, while simultaneously working first as the Executive Director of Progress Center for Independent Living in Forest Park, Illinois, and then relocating to Rochester in 2008 to serve as the Assistant Director of Advocacy at the Center for Disability Rights (CDR). She became CDR’s Director of Advocacy in March 2010.

This is a day Diane has worked for and dreamed about since 1996. The need for full-time outside employment means that the major contributions she’s made in terms of analysis, writing, organizing and teaching have all been done in her “spare time.” Until recently, she – and I – figured that her full-time devotion to NDY would have to wait for her “retirement.” Thanks to new contributions, including a very significant one from a donor who has been a strong supporter for several years, that dream will become a reality on August 1st.

Until now, Not Dead Yet has been able to afford only one staff member – me – to write NDY’s blog, maintain a general online presence and handle the bulk of NDY-related media work. 

The complex politics of the assisted suicide issue placed serious limits on its financial resources. NDY’s initial concerns focused on the disability discrimination inherent in a society which labels some suicides as tragedies to be prevented, and others as “death with dignity” to be assisted, while denying people who are old, ill or disabled the long term services and supports they need. Proponents of assisted suicide have often claimed that their only opposition comes from “right wing religious, pro-life” groups, so NDY’s bylaws preclude it from accepting funding from such groups.

As health care policy has evolved, NDY has also addressed the issue of third party decisions to withhold life-sustaining medical treatment. “We’re especially concerned about health care providers who pressure people or even make unilateral decisions to withhold treatment,” says Diane. “It’s becoming increasingly urgent that we expand our efforts to educate and assist the disability rights community to weigh in on the public policy issues at stake. ‘Nothing about us without us’ is a matter of life and death in this context.” 

CDR, Diane’s employer for the last three years, has long supported NDY. For example, ten Rochester disability rights activists attended the trial of Jack Kevorkian that put him behind bars. Largely unknown to the general public, the majority of Kevorkian’s victims were people with non-terminal disabilities. Since 2008, CDR has provided NDY its headquarters office as well as technology and administrative supports, and that affiliation will continue after Diane moves into her new role as NDY’s President and CEO.

All this means that there are major changes with NDY starting August 1. Some changes will be apparent fairly soon. You’ll see a little more of Diane on this blog. (Careful readers might have noted that this entry doesn’t sound like my usual “voice” – I’m working from a document written by Diane.)

Diane brings experience, deep understanding, institutional knowledge and analytical skills related to assisted suicide, euthanasia and other public policy issues to NDY on a full-time basis – including on this blog. . 

At least for the first weeks, I’ll be trying to devote more of my time to expanding NDY’s online presence and look at ways to provide free materials and paid merchandise – things many people have been asking about. I’ll have more time to try to catch up from where I am in terms of the new social networking opportunities that present themselves for groups like NDY.

This is a very exciting time. Diane is getting to do the work she’s wanted to do – and that she is meant to do.

And I’ll still be here, too.  –Stephen Drake