Democrats draw Grassley grandson into “death panel” debate

U.S. Senator Chuck Grassley (R-New Hartford, Iowa) made a statement earlier today that has drawn fire.  Now, Democrats in the state legislature are firing at Grassley.  They're using a vote cast by Grassley's grandson, State Representative Pat Grassley, as ammunition.  Read the Democrats' news release below:

Grassley endorses false “death panel” hysteria, abandons Iowa common sense and embraces dishonest Washington politics

Grassley’s grandson VOTED for similar “living will” legislation in the Iowa Legislature in 2008 

Statement by Iowa State Senator Joe Bolkcom, chair of the Iowa Senate Ways and Means Committee and former member of the Iowa Health Care Reform Commission

“U.S. Senator Chuck Grassley today disappointed the vast majority of Iowans when he engaged in the lowest form of political mudslinging by repeating the vicious slur that health reform may ‘pull the plug on grandma.’

“Here are the facts.  The provisions in the health reform bill approved by the U.S. House of Representatives which extremists have mischaracterized as “death panels” refer to helping patients, families and their doctors develop living wills.  As anyone honestly dealing with health care issues knows, living wills are a wise way for patients to manage their end-of-life care and make sure their dignity and wishes are respected.

“Senator Grassley should understand the value of this legislation.  If he has sincere concerns, he could ask his grandson about the issue.  Pat Grassley, who now holds Senator Grassley’s former seat in the Iowa House of Representatives, voted in 2008 for the same legislation that Senator Grassley now calls pulling the plug on grandma.

“Is Senator Grassley, said to be the leading Senate Republican on health reform, so misinformed that he honestly believes this outrageous distortion?  If so, then I question his ability to ever make an informed judgment on the health needs of Iowans.

“However, I don’t think Senator Grassley is misinformed.  I think it is more likely that he has decided to pander to the most extreme members of the Republican base by repeating outlandish statements that he knows to be false.

“Today, at Iowa town meetings which were closely followed by the national media, Senator Chuck Grassley let down the majority of Iowans who want real health insurance reforms, reforms that will bring them lower costs, more choices, and protection from insurance company abuses.”
 
FACT: On April 25, 2008, Senator Grassley’s grandson VOTED for similar “end-of-life care" legislation in the Iowa Legislature

In 2008 the Iowa Legislature overwhelmingly approved House File 2539, a major health reform bill that was later signed into law by Governor Chet Culver.  The legislation included several provisions to help seniors and their families make informed decisions with their end-of-life care.

Pat Grassley, U.S. Senator Chuck Grassley’s grandson, represents Senator Grassley’s hometown of New Hartford in the Iowa House of Representatives.  On April 25, 2008, Representative Pat Grassley voted with the majority, 93 to 3, to approve House File 2539.  It also passed the Iowa Senate with a similar bipartisan majority of 37 to 6.

The legislation included a section titled “End-of-Life Care.”  In this section the Iowa Department of Public Health was directed to consult with various medical and advocacy organizations to “develop educational and patient-centered information on end-of-life care for terminally ill patients and health care professionals.”  It also directed the Iowa Department of Elder Affairs to develop a long-term care options public education campaign. 

Patient Autonomy in Health Care Decisions Pilot: The department of public health shall establish a two-year community coalition for patient treatment wishes across the health care continuum pilot project, which would involve durable power of attorney for health care beginning July 1, 2008, and ending June 30, 2010.

From the Journals of the Iowa House and the Iowa Senate
 
DIVISION VI
 25 19                  LONG=TERM LIVING PLANNING AND
 25 20                 PATIENT AUTONOMY IN HEALTH CARE
 25 21    Sec. 30.  NEW SECTION.  231.62  END=OF=LIFE CARE
 25 22 INFORMATION.
 25 23    1.  The department shall consult with the Iowa medical
 25 24 society, the Iowa end=of=life coalition, the Iowa hospice
 25 25 organization, the university of Iowa palliative care program,
 25 26 and other health care professionals whose scope of practice
 25 27 includes end=of=life care to develop educational and
 25 28 patient=centered information on end=of=life care for
 25 29 terminally ill patients and health care professionals.
 25 30    2.  For the purposes of this section, "end=of=life care"
 25 31 means care provided to meet the physical, psychological,
 25 32 social, spiritual, and practical needs of terminally ill
 25 33 patients and their caregivers.
 25 34    Sec. 31.  END=OF=LIFE CARE INFORMATION == APPROPRIATION.
 25 35 There is appropriated from the general fund of the state to
 26  1 the department of elder affairs for the fiscal year beginning
 26  2 July 1, 2008, and ending June 30, 2009, the following amount,
 26  3 or so much thereof as is necessary, for the purpose
 26  4 designated:
 26  5    For activities associated with the end=of=life care
 26  6 information requirements of this division:
 26  7 …………………………………………. $      10,000
 26  8    Sec. 32.  LONG=TERM LIVING PLANNING TOOLS == PUBLIC
 26  9 EDUCATION CAMPAIGN.  The legal services development and
 26 10 substitute decision maker programs of the department of elder
 26 11 affairs, in collaboration with other appropriate agencies and
 26 12 interested parties, shall research existing long=term living
 26 13 planning tools that are designed to increase quality of life
 26 14 and contain health care costs and recommend a public education
 26 15 campaign strategy on long=term living to the general assembly
 26 16 by January 1, 2009.
 26 17    Sec. 33.  LONG=TERM CARE OPTIONS PUBLIC EDUCATION CAMPAIGN.
 26 18 The department of elder affairs, in collaboration with the
 26 19 insurance division of the department of commerce, shall
 26 20 implement a long=term care options public education campaign.
 26 21 The campaign may utilize such tools as the "Own Your Future
 26 22 Planning Kit" administered by the centers for Medicare and
 26 23 Medicaid services, the administration on aging, and the office
 26 24 of the assistant secretary for planning and evaluation of the
 26 25 United States department of health and human services, and
 26 26 other tools developed through the aging and disability
 26 27 resource center program of the administration on aging and the
 26 28 centers for Medicare and Medicaid services designed to promote
 26 29 health and independence as Iowans age, assist older Iowans in
 26 30 making informed choices about the availability of long=term
 26 31 care options, including alternatives to facility=based care,
 26 32 and to streamline access to long=term care.
 26 33    Sec. 34.  LONG=TERM CARE OPTIONS PUBLIC EDUCATION CAMPAIGN
 26 34 == APPROPRIATION.  There is appropriated from the general fund
 26 35 of the state to the department of elder affairs for the fiscal
 27  1 year beginning July 1, 2008, and ending June 30, 2009, the
 27  2 following amount, or so much thereof as is necessary, for the
 27  3 purpose designated:
 27  4    For activities associated with the long=term care options
 27  5 public education campaign requirements of this division:
 27  6 ………………………………………….. $     75,000
 27  7    Sec. 35.  HOME AND COMMUNITY=BASED SERVICES PUBLIC
 27  8 EDUCATION CAMPAIGN.  The department of elder affairs shall
 27  9 work with other public and private agencies to identify
 27 10 resources that may be used to continue the work of the aging
 27 11 and disability resource center established by the department
 27 12 through the aging and disability resource center grant program
 27 13 efforts of the administration on aging and the centers for
 27 14 Medicare and Medicaid services of the United States department
 27 15 of health and human services, beyond the federal grant period
 27 16 ending September 30, 2008.
 27 17    Sec. 36.  PATIENT AUTONOMY IN HEALTH CARE DECISIONS PILOT
 27 18 PROJECT.
 27 19    1.  The department of public health shall establish a
 27 20 two=year community coalition for patient treatment wishes
 27 21 across the health care continuum pilot project, beginning July
 27 22 1, 2008, and ending June 30, 2010, in a county with a
 27 23 population of between fifty thousand and one hundred thousand.
 27 24 The pilot project shall utilize the process based upon the
 27 25 national physicians orders for life sustaining treatment
 27 26 program initiative, including use of a standardized physician
 27 27 order for scope of treatment form.  The process shall require
 27 28 validation of the physician order for scope of treatment form
 27 29 by the signature of an individual other than the patient or
 27 30 the patient's legal representative who is not an employee of
 27 31 the patient's physician.  The pilot project may include
 27 32 applicability to chronically ill, frail, and elderly or
 27 33 terminally ill individuals in hospitals licensed pursuant to
 27 34 chapter 135B, nursing facilities or residential care
 27 35 facilities licensed pursuant to chapter 135C, or hospice
 28  1 programs as defined in section 135J.1.
 28  2    2.  The department of public health shall convene an
 28  3 advisory council, consisting of representatives of entities
 28  4 with interest in the pilot project, including but not limited
 28  5 to the Iowa hospital association, the Iowa medical society,
 28  6 organizations representing health care facilities,
 28  7 representatives of health care providers, and the Iowa trial
 28  8 lawyers association, to develop recommendations for expanding
 28  9 the pilot project statewide.  The advisory council shall
 28 10 report its findings and recommendations, including
 28 11 recommendations for legislation, to the governor and the
 28 12 general assembly by January 1, 2010.
 28 13    3.&#
0160; The pilot project shall not alter the rights of
 28 14 individuals who do not execute a physician order for scope of
 28 15 treatment.
 28 16    a.  If an individual is a qualified patient as defined in
 28 17 section 144A.2, the individual's declaration executed under
 28 18 chapter 144A shall control health care decision making for the
 28 19 individual in accordance with chapter 144A.  A physician order
 28 20 for scope of treatment shall not supersede a declaration
 28 21 executed pursuant to chapter 144A.  If an individual has not
 28 22 executed a declaration pursuant to chapter 144A, health care
 28 23 decision making relating to life=sustaining procedures for the
 28 24 individual shall be governed by section 144A.7.
 28 25    b.  If an individual has executed a durable power of
 28 26 attorney for health care pursuant to chapter 144B, the
 28 27 individual's durable power of attorney for health care shall
 28 28 control health care decision making for the individual in
 28 29 accordance with chapter 144B.  A physician order for scope of
 28 30 treatment shall not supersede a durable power of attorney for
 28 31 health care executed pursuant to chapter 144B.
 28 32    c.  In the absence of actual notice of the revocation of a
 28 33 physician order for scope of treatment, a physician, health
 28 34 care provider, or any other person who complies with a
 28 35 physician order for scope of treatment shall not be subject to
 29  1 liability, civil or criminal, for actions taken under this
 29  2 section which are in accordance with reasonable medical
 29  3 standards.  Any physician, health care provider, or other
 29  4 person against whom criminal or civil liability is asserted
 29  5 because of conduct in compliance with this section may
 29  6 interpose the restriction on liability in this paragraph as an
 29  7 absolute defense.

Action by the Iowa House: April 25, 2008
 
Smith of Marshall moved that the House adopt the conference
committee report and the amendments contained therein:
The conference committee report was adopted.
Smith of Marshall moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question “Shall the bill pass?” (H.F. 2539)
 
The ayes were, 93:
 
Abdul-Samad Anderson Arnold Bailey
Baudler Bell Berry Boal
Chambers Clute Cohoon Dandekar
Davitt Deyoe Dolecheck Drake
Foege Ford Forristall Frevert
Gaskill Gayman Gipp Granzow
Grassley Greiner Heaton Heddens
Hoffman Horbach Hunter Huseman
Huser Jacoby Jochum Kaufmann
Kelley Kressig Kuhn Lensing
Lukan Lykam Mascher May
McCarthy Mertz Miller, H. Miller, L.
Murphy, Spkr. Oldson Olson, D. Olson, R.
Olson, S. Olson, T. Palmer Paulsen
Petersen Pettengill Quirk Rants
Rasmussen Rayhons Reasoner Reichert
Sands Schickel Schueller Shomshor
Smith Soderberg Staed Struyk
Swaim Taylor, D. Taylor, T. Thomas
Tjepkes Tomenga Tymeson Upmeyer
Van Fossen Wendt Wenthe Wessel-Kroeschell
Whitaker Whitead Wiencek Winckler
Windschitl Wise Worthan Zirkelbach
Bukta,
Presiding
 
The nays were, 3:
 
Alons De Boef Raecker
 
Absent or not voting, 4:
 
Jacobs Roberts Van Engelenhoven Watts
 
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

House File 2539
Senator Hatch called up the conference committee report on House File 2539, a bill for an act relating to health care reform including health care coverage intended for children and adults, health information technology, end-of-life care decision making, preexisting conditions and dependent children coverage, medical homes, prevention and chronic care management, a buy-in provision for certain individuals under the medical assistance program, disease prevention and wellness initiatives, health care transparency, and including an applicability provision, filed on April 25, 2008, and moved its adoption.
The motion prevailed by a voice vote, and the conference committee report, and the recommendations and amendments contained therein, was adopted.
Senator Hatch moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time.
On the question "Shall the bill pass?" (H.F. 2539), the vote was:
 
Action By Senate: April 25, 2008
 
Yeas, 37:
 
Angelo Gronstal McCoy Seymour
Appel Hahn Noble Stewart
Beall Hancock Olive Ward
Black Hatch Putney Warnstadt
Bolkcom Heckroth Quirmbach Wieck
Danielson Hogg Ragan Wood
Dearden Horn Rielly Zieman
Dotzler Johnson Schmitz
Dvorsky Kibbie Schoenjahn
Fraise Kreiman Seng
 
Nays, 6:
 
Behn Hartsuch McKinley
Boettger Kettering Zaun
 
Absent, 7:
 
Connolly Gaskill Lundby Mulder
Courtney Houser McKibben
 

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About O.Kay Henderson

O. Kay Henderson is the news director of Radio Iowa.