Anita Cameron: Provide people with disabilities supports to live, not tools to die
Provide people with disabilities supports to live, not tools to die (Guest Opinion by Anita Cameron)
Anita Cameron, of Rochester, is director of minority outreach for Not Dead Yet, a national disability group headquartered in Rochester that opposes assisted suicide laws.
The New York state Legislature is expected to review A4321 and S6471, the latest in a succession of fundamentally flawed (and, to date, all defeated) assisted suicide bills this spring. This activity comes at a time when the culture hasn’t yet recognized most disabled people would prefer the means, resources and supports that make it easier for us to live — because of commonly accepted biases, prejudices and policies that, intentional or not, make it increasingly difficult for disabled people to do so.
The first warning sign: Assisted suicide has been used to cut costs everywhere it is legalized. In states where the controversial practice has become legal, like Oregon, there have been several documented instances where profit-motivated insurers have denied people access to life extending treatment while blithely offering to provide a lethal prescription instead. Only weeks after California passed its assisted suicide law, Stephanie Packer, a mother of four and a cancer patient, was denied her previously approved chemotherapy treatment, and told cheaper suicide pills were available instead. If assisted suicide is normalized, insurers and even patients may see it as an economic benefit.
The second warning sign: Disabled people, including seniors, experience abuse at the hands of family members and caregivers every day at rates significantly higher than the general population. An estimated one in 10 seniors already experiences elder abuse. One in two disabled women will be sexually abused. Why is this relevant to assisted suicide? Because assisted suicide makes it easier for heirs, family members and dubious caregivers to pressure a person with a disability to end their life, with no questions asked. And, worse yet, no consequences.
The third warning sign: Assisted suicide targets and devalues disability communities without ever mentioning us explicitly — essentially erasing those most at risk. It does so with the deadly combination of overly broad definitions and weak, unenforceable safeguards. In a 2019 report, the National Council on Disability, an independent nonpartisan federal agency that advises the president, Congress and other federal agencies on public policy decisions, detailed the extensive dangers of assisted suicide laws to disability communities and reported that “safeguards” in assisted suicide laws are “ineffective, and often fail to protect patients.”
The fourth warning sign: If proposed assisted suicide bills are signed into law, New York state legislators would, in effect, embrace a new category: legally protected abuse. If it ever becomes law, assisted suicide legislation intentionally puts lethal drugs into the hands of those who could easily misuse them and makes it easier to do so. Like child abuse, spousal abuse and hate crimes, elder abuse occurs when a class of people does not get equal protection, equal treatment and social supports to prevent harm. If New York passes assisted suicide legislation, it will unwittingly create a class of people who receive lethal medication and suicide instructions instead of suicide prevention interventions and social support to prevent harm.
The current bill, which like its predecessors, is based on Oregon’s flawed assisted suicide law, does not require attending clinicians to talk to the patient at least once without family present in assisted suicide cases. Further, New York’s bill does not and would not explicitly require documentation that such conversations even occurred. Both the Medical Society of the State of New York and the American Medical Association have historically opposed assisted suicide for this reason and others.
While rarely acknowledged by proponents, this much is certain — wherever assisted suicide is legal, it is inevitable that some people’s lives will be ended without their consent due to implicit bias, mistakes or coercion. No safeguards, existing or proposed, are adequate enough to prevent these abuses, and the lack of oversight only increases the danger to already at-risk individuals. As assisted suicide spreads and is normalized, the numbers of those at risk will grow to include other marginalized communities, such as people of color, due to racial disparities in healthcare, and poor people, who likely would have limited or no access to healthcare.
Caution was warranted when New York state first rejected assisted suicide in 1828, and is arguably more essential now due to increased risks no one could have imagined two centuries ago. Now, as was true then, New York’s policy priorities should be improving and expanding healthcare services that people with disabilities and all marginalized communities rely on to live, instead of normalizing assisted suicide and increasing already substantial perils to disabled, chronically ill, and older New Yorkers by lazily transforming documented dangerous practices into literally lethal laws.
Register for Webinar On Court Case Striking Assisted Suicide Residency Requirement
NDY was pleased to have the opportunity to talk about recent assisted suicide court cases during a March 11thwebinar organized by the Patients Rights Action Fund. A recording of that webinar is available HERE.
One of the cases I talked about, Nicholas Gideonse, M.D. vs. Kate Brown, will be the subject of a new PRAF sponsored webinar that I plan to attend. I urge others to consider doing so as well.
The case was brought by a doctor to challenge the residency requirement of the Oregon assisted suicide law. Five years ago, End of Life Choices Oregon had referred a man with cancer to Dr. Nicholas Gideonse, a primary care and hospice doctor, who had already helped many patients use the Oregon law. Although the man lived in Washington state where assisted suicide is legal, he sought to use Oregon’s law.
Nicholas Gideonse, M.D. vs. Kate Brown (filed in Oct. 2021) argued that residency requirements for assisted suicide violate two sections of the U.S. Constitution, one barring state laws that limit the ability of a nonresident to access medical care and one prohibiting state laws that burden interstate commerce.
It’s not really clear whether, with more information and time, the court would have considered it relevant that the patient lived in a state where assisted suicide is legal like Washington or, in contrast, where it’s illegal, such as Idaho.
It’s also not really clear whether the court would have thought twice about the possibility of trains, planes, automobiles and telehealth opening assisted suicide to people living in every state. After all, that would basically get around the 1997 Supreme Court ruling that turned the assisted suicide issue back to the individual states to decide.
What is clear is that, before the court had a chance to substantively consider much of anything, Oregon officials were comfortable entering a settlement agreement with Dr. Gideonse. The agreement precludes any enforcement of their law’s residency requirement and requires the Oregon Health Authority to submit a legislative “concept” to amend the law during the next session.
We already know from the Oregon data that people who are not terminal are getting lethal prescriptions. We already know that the top five reasons for requesting assisted suicide are unaddressed disability-related concerns.
Let’s hope that there’s a way to stop this court case from multiplying by a factor of five the number of older, ill and disabled people who may be pressured into assisted suicide.
Are You Looking For A Leadership Career In Disability Advocacy?
Over thirty years ago, I left my job as an attorney and took a road less traveled in disability rights organizing that led me to found and lead Not Dead Yet. Now I’m looking for an assistant, a partner and hopefully a successor in the work to save our lives from the ableist attitude that we’re better off dead than disabled. If you might be that person, please read below and send a letter and resume to me at dcoleman@notdeadyet.org.
Assistant Director/Policy Analyst
The Assistant Director/ Policy Analyst works with the CEO of Not Dead Yet to implement NDY’s policy priorities at the state and national levels as they affect legislation, regulations, legal cases, and activities of government and health care providers in the areas of assisted suicide and euthanasia, withholding and withdrawal of life-sustaining treatment, futile care policies, access to health care for people with disabilities, crisis management protocols, etc. The AD/PA will also assist the CEO to implement NDY’s strategic plan/goals, especially focusing on intersection issues that affect women, children, elders, LGBTQIA folks, BIPoC, and multicultural communities. Finally, the AD/PA will collaborate with the CEO to achieve a smooth leadership transition. Salary starting at $60,000 for a full time equivalent. Staff work remotely. Hours and salary are negotiable and may permit for reduced hours at a proportionately reduced salary level.
For the full job description including responsibilities and qualifications, go HERE.
Today on Deathstyles of the Rich and Abled: Costs Illustrated Magazine
By INGRID TISCHER
Welcome to the world of Champagne lifetimes and caviar deaths! I’m Robbin’ Leech, your guide to the deathstyle media titans that are teaching us how the fabulously wealthy celebrate the moments of their end-of-lives. Today I’ll be sharing two sumptuous images from Costs Illustrated magazine and then dazzling you with one glorious Deathstyles graphic.
(Summary image descriptions: Below are 3 separate graphics that depict: a magazine cover featuring the Sarco; a one page excerpt of this magazine’s article; and a promotional graphic for the Deathstyles series. Click the image for complete alt-text or scroll down for complete image descriptions.)