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SEPTEMBER 2005 - UniCare/GIC Establish New Program - Following on the heels of the highly publicized case of Terry Schiavo, officials with UniCare, the insurance company that administers the state's Indemnity Plan, began to wonder how the lessons learned from the Florida case could be applied in Massachusetts.

After receiving the go-ahead from the Group Insurance Commission, Dr. Robert Sorrenti, UniCare's regional director, began to put together a plan to reach out to those retirees insured in the Commonwealth Indemnity Plan. Under the plan, which is to be launched this fall, UniCare will provide retirees with information to assist with Advanced Care Planning
Advanced Care Planning is the process one undertakes in developing a healthcare proxy or living will, and in making their wishes known to those who may be involved in their healthcare decisions. One major component of UniCare's approach is to emphasize the need to communicate your wishes, not only to loved ones, but also to your doctor.

"The Schiavo case, as sad as it was, served as a wakeup call for a lot of people. No matter which side you were on, the issue is whether you want other people to make life and death decisions for you that accurately reflects your wishes," says Association General Counsel Bill Rehrey. "The only sensible way to control what happens to you is to legally put your wishes in writing. Then forward a copy to your doctor to keep on file."

MA Acted in 1990

Here in Massachusetts, the Legislature chose to act on the issue of Health Care Proxies in 1990, well before the Schiavo case.

"Fifteen years ago, the Health Care Proxy Law was enacted (Chapter 332, Acts of 1990)," recalls Legislative Chairman Bill Hill. "Chapter 332, which was co-sponsored by Representative and now House Speaker DiMasi, was the product of a compromise between proponents and opponents on the 'right to die' issue.

"It's also interesting to note that after we originally reported on the law, we received thousands of calls and letters from members who requested a copy of the healthcare proxy form. Obviously, there was a great deal of interest back then and again now because of the Terri Schiavo case."

Under the proxy law, you execute a written document (proxy) in which you select someone to be your healthcare agent. If your physician first determines you are no longer able to decide about your healthcare, the agent is authorized, by the proxy, to make those decisions for you, including whether to use life prolonging measures.

You can specify on the proxy whatever restrictions you wish to place on your agent, for example, limit the right to refuse heroic measures like feeding tubes only when there is clear medical evidence of brain death. One also retains the right to revoke the proxy entirely.

In addition, the law establishes a number of safeguards. Among them, you retain your right to object to the healthcare agent's decisions. Your physician is not forced to abide by the agent's decision but can disagree with it - the same as they could if you decided yourself.

According to the proxy law, your physician can also use medical procedures deemed necessary to provide comfort or alleviate pain. Finally, if a disagreement over treatment arises, there is always recourse to the courts to determine what is best for you.

 
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