Bill would punish doctors for failing to report deaths

January 13, 2010

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A legislative proposal that would punish physicians who fail to report a patient’s death in a timely manner has been blasted by advocates for hospice and end-of-life care.

Sponsored by Rep. Brian Dempsey, D-Haverhill, H. 2040 would slap physicians and agencies that care for terminally ill patients with a $1,000 fine and put them at risk of a license suspension if they do not report a death to a funeral director within 16 hours.

Rigney Cunningham, executive director of the Hospital and Palliative Care Federation of Massachusetts, said doctors who specialize in hospice care would be dissuaded from making death pronouncements because of a fear that they may miss the deadline.

“It is central to the hospice philosophy to care for the family of the dying patient and that responsibility does not end with the patient’s death,” she said.

Cunningham said her organization represents 63 agencies that provide care to more than 21,000 terminally ill patients in Massachusetts.

“Adding additional responsibilities to already demanding jobs would be completely burdensome to hospice staff and a poor use of nursing resources,” she said.

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