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Rep. McDermott Introduces Advance Directive Legislation June 4, 2009  Rep. Jim McDermott introduced legislation today that would use a federal income tax credit to strongly encourage Americans to obtain a legally enforceable advance directive regarding health care and emergency medical responses that would reflect their personal wishes for treatment and other options in the event of serious injury or illness. “There are many elements to providing comprehensive health care reform for the American people and this is a big one and it will save billions of dollars in the process,” Rep. McDermott said. “All too often and at the worst possible moment, relatives can be faced with deciding what treatments to approve for a loved one who is incapacitated that may or may not reflect what they themselves would want if they could communicate; having an advance directive or living will can change that.” McDermott, a medical doctor and child psychiatrist, said people, especially young adults, typically are reluctant to consider the possibility of extreme medical needs when they are in reasonably good health and that leaves families and health professionals in a quandary of what to do if the unthinkable happens. “Faced with uncertainty or a family with different views in an emotionally challenging time, our entire health care system is geared to providing any and every possible treatment regardless of cost,” McDermott said. “The fact is, about 70% of the overall cost of health care in America occurs in the last few months of life and sometimes medical services are delivered when the patient would have preferred otherwise under the circumstances.” The Advance Directive Incentive Act, HR 2705 that McDermott introduced today would provide a one-time, refundable 30% tax credit up to a maximum $150 for legal expenses incurred to obtain an advance directive (living will). The congressman said surveys indicate the cost for having a lawyer prepare an advance directive ranges up to $500 and the legislation would enable any taxpayer- even those who do not itemize- to get a 30% tax credit up to a maximum of $150. “I understand that it is sometimes hard to find the money to do what you know needs to be done on an issue like this, and my intent with this legislation is to make it much more affordable for every American to have an advance directive,” McDermott said. A copy of the legislation is attached.
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