In order to answer that question, we need to look into HR3200 and analyze what is written in the relevent sections that may pertain to Special Needs patients or the elderly and how those sections may be used to deny care to members of those groups.
Sec. 1177 on page 354 of HR3200 (America’s Affordable Health Choices Act of 2009). The title reads: “EXTENSION OF AUTHORITY OF SPECIAL NEEDS PLANS TO RESTRICT ENROLLMENT.” That section essentially makes it legal to turn away patients like Trig Palin.
Sec. 1162 of HR3200, under which on page 335 the government will be empowered to approve treatments that are established by “outcome-based measures.” This loop-hole will be used to deny care to elderly and Special Needs patients as some of the measures considered will include “patient mortality and morbidity following surgery” and “health functioning (limitations of activities of daily living).”
Sec. 1123 that begins on page 424 of HR3200. Under that section on page 430 is written:
|The level of treatment indicated under subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or all or specified interventions. Such indicated levels of treatment may include indications respecting, among other items—
(i) the intensity of medical intervention if the patient is pulse less, apneic, or has serious cardiac or pulmonary problems;
Although the above references subparagraph (A)(ii), subparagraph (A)(i) essentially gives the government control over any medical orders relating to the covered individual.
From what I’ve read of HR3200, Gov. Palin is closer to getting it right than any of her detractors are. In fact, I have yet to see any of her detractors actually reference anything in HR3200 to prove her wrong about the government possibly denying care to the elderly and Special Needs patients.
You can access HR3200 on-line here: