An Update on Medical Aid in Dying: Medical, Legal and Ethical Issues
Session Summary: Medical aid in dying (MAID) is allowed in eleven jurisdictions with many additional states considering legislation. PALTmed recently altered its 1997 position (P97) on "assisted suicide" and the issue remains controversial in the medical community. Studies reveal that more patients are likely to request MAID which presents medical, legal and ethical issues. This presentation addresses changes in the law from our last presentation and perspectives from both side of the issue.
Learning Objectives:
- Explore the physician's discretionary role in counseling and providing MAID to terminally ill patients
- Define the controversial aspects of MAID with an examination of the pros and cons from a medical, ethical and legal perspective
- Explore recent court cases that have dealt with the issue of MAID - often with divergent court decisions
Alan Horowitz, Esq., RN
Alan Horowitz, Esq., RN, is of counsel in the Healthcare practice and a member of the Post-Acute & Long-Term Care team at Arnall Golden Gregory LLP.. He is an innovative healthcare lawyer handling complex regulatory issues concerning Medicare providers such as skilled nursing facilities. Alan serves as vice chair of education for AHLA's Post-Acute and Long-Term Care practice group. Alan also held clinical, faculty and management positions at major medical centers where he utilized his background as a registered respiratory therapist and registered nurse. Alan served as Assistant Regional Counsel at the United States Department of Health and Human Services’ Office of the General Counsel. He worked closely with and litigated cases for the Centers for Medicare and Medicaid Services (CMS) before the HHS Departmental Appeal Board and the federal courts involving enforcement actions taken by CMS. Currently, as counsel to providers, Alan has successfully negotiated and litigated significant cases against CMS. Alan was the Acting Director of ECRI Institute’s National Center for Independent Medical Review and also served as the Director of Clinical and Legal Affairs for the Institute for Safe Medication Practices. Alan also served as in-house counsel and program director for the pilot SNF-based ventilator-dependent program in New Jersey. Alan has co-authored and co-edited the AHLA publication, Post-Acute Care Handbook: Regulatory, Risk and Compliance Issues as well as having written dozens of articles regarding various aspects of health law. Additionally, Alan has been a frequent presenter at national and state forums on topics regarding health law.
Karl Steinberg, MD, CMD, HMDC, HEC-C
Karl Steinberg, MD, CMD, HMDC, HEC-C, is chief medical officer for Mariner Health Care and Beecan Health, and medical director for two skilled nursing facilities (Life Care Center of Vista and Carlsbad by the Sea Care Center), for Hospice by the Sea, and for Scripps Seaport Home Health in the San Diego area. He is the president of AMDA, editor-in-chief emeritus of Caring for the Ages, and an Associate Editor of JAMDA. Dr. Steinberg has served as a nursing home and hospice medical director, attending physician and educator in San Diego for over 25 years and has served on AMDA's Board of Directors, multiple committees, and a variety of Clinical Practice Guidelines and other Society publications and products. He is an AMDA delegate to the AMA House of Delegates.
Peter Jaggard, MD, CMD, FACP
Peter Jaggard, MD, CMD, FACP, is in his 40th year of PALTC practice, with over 20 years of experience as a Medical Director. He is Board Certified in Internal Medicine and Geriatrics. He has an extensive background in education and teaching at AMDA-SPALTC, presenting at the state and national level on reducing rehospitalizations, Advance Care Planning, and other topics. He has served as a Chair of the AMDA-SPALTC Ethics Committee and has earned an MA focusing on Bioethics from Trinity International University. He was the recipient of AMDA's James Pattee Award for Excellence in Education in 2022.
