At 08:16 AM 4/2/2005, QuadPirate wrote:
This law states that if you
don't have the money they can disconnect you that's the part I don't
like.
How can anyone agree with that.
Mark
If the law actually said that I would agree with you, but it
doesn't.
Did you actually read it? Show me the section that states that.
http://www.capitol.state.tx.us/statutes/docs/HS/content/htm/hs.002.00.000166.00.htm
§ 166.052.
STATEMENTS EXPLAINING PATIENT'S RIGHT TO TRANSFER. (a) In cases in which
the attending physician refuses to honor an advance directive or
treatment decision requesting the provision of life-sustaining treatment,
the statement required by Section 166.046(b)(2)(A) shall be in
substantially the following form:
When There Is A Disagreement About Medical Treatment: The
Physician Recommends Against Life-Sustaining Treatment
That You Wish To Continue
You have
been given this information because you have requested life-sustaining
treatment,* which the attending physician believes is not appropriate.
This information is being provided to help you understand state law, your
rights, and the resources available to you in such circumstances. It
outlines the process for resolving disagreements about treatment among
patients, families, and physicians. It is based upon Section 166.046 of
the Texas Advance Directives Act, codified in Chapter 166 of the Texas
Health and Safety Code.
When an
attending physician refuses to comply with an advance directive or other
request for life-sustaining treatment because of the physician's judgment
that the treatment would be inappropriate, the case will be reviewed by
an ethics or medical committee. Life-sustaining treatment will be
provided through the review.
You will
receive notification of this review at least 48 hours before a meeting of
the committee related to your case. You are entitled to attend the
meeting. With your agreement, the meeting may be held sooner than 48
hours, if possible.
You are
entitled to receive a written explanation of the decision reached during
the review process.
If after
this review process both the attending physician and the ethics or
medical committee conclude that life-sustaining treatment is
inappropriate and yet you continue to request such treatment, then the
following procedure will occur:
1. The
physician, with the help of the health care facility, will assist you in
trying to find a physician and facility willing to provide the requested
treatment.
2. You are
being given a list of health care providers and referral groups that have
volunteered their readiness to consider accepting transfer, or to assist
in locating a provider willing to accept transfer, maintained by the
Texas Health Care Information Council. You may wish to contact providers
or referral groups on the list or others of your choice to get help in
arranging a transfer.
3. The
patient will continue to be given life-sustaining treatment until he or
she can be transferred to a willing provider for up to 10 days from the
time you were given the committee's written decision that life-sustaining
treatment is not appropriate.
4. If a
transfer can be arranged, the patient will be responsible for the costs
of the transfer.
5. If a
provider cannot be found willing to give the requested treatment within
10 days, life-sustaining treatment may be withdrawn unless a court of law
has granted an extension.
6. You may
ask the appropriate district or county court to extend the 10-day period
if the court finds that there is a reasonable expectation that a
physician or health care facility willing to provide life-sustaining
treatment will be found if the extension is granted.
*"Life-sustaining treatment" means treatment that, based on
reasonable medical judgment, sustains the life of a patient and without
which the patient will die. The term includes both life-sustaining
medications and artificial life support, such as mechanical breathing
machines, kidney dialysis treatment, and artificial nutrition and
hydration. The term does not include the administration of pain
management medication or the performance of a medical procedure
considered to be necessary to provide comfort care, or any other medical
care provided to alleviate a patient's pain.
- RE: [QUAD-L] The blame game Jim Lubin
-
