Friday, April 01, 2005

Follow the Money.........

Myths 3 and 4) Removal of food was both legal and court-ordered.
Fact 4 first) You can look at the court documents if you don't believe me - or ask Pat Anderson, who, herself admitted in court papers that the courts had only allowed removal of said feeding tube, not regular food and water. Michael Schiavo illegally ordered this.
Fact 3, then) The law only allows the removal of "life-prolonging procedures," not regular food and water:
765.309 Mercy killing or euthanasia not authorized; suicide distinguished.-- (1)Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. (2)The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide.

The only exception is given by "life-prolonging procedures," but does this include regular food and water?

765.101 Definitions.--As used in this chapter:
(10)"Life-prolonging procedure" means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain.

LEGAL - Special Note:
(Special Note: Actually, sources tell me that at the time of Schiavo's alleged expression of an aversion to artificial life support, feeding tubes were not included under that definition. That inclusion did not occur until the passage of an amendment to the Florida Statutes in 1999. As you well know, new legal definitions cannot be retroactively applied to prior situations.)

Notice that it doesn't say anything about regular food and water, but if you want further proof, look at federal law:

Finally, In the OASAM Code of Federal Regulations, Part 35: NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES provides that necessary and appropriate rehabilitation services and physical motor skill therapy may not be denied a substantially disabled patient in the United States of America, Section 35.130(e)(2) states, “Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual.

(Read that a couple of times, if you don't get it. It thus allows the mandatory rehab and food and water, as well as a few other things, that I've missed.)

Also please note that Schiavo’s decision to hold Terri at Hospice after it was clear that she was not "terminal" within Medicare guidelines was an improper use of the ward’s assets. In order to receive federal payment for hospice care, the facility must obtain a certification from the attending physician within two calendar days of initial admission that the patient’s "prognosis is for a life expectancy of 6 months or less if the terminal illness runs its normal course." 42 C.F.R. § 418.22(b) Terri has been in Hospice 3 years. Where are the physician certificates authorizing this?

Personal Note... it has been stated in the press by George Felos... that the HOSPICE DONATED HER CARE....

Must be Felos's connection to the hospice that got them to agree to that.......considering this same Hospice was found by Medicare to be illegally bilking the system for funds after submitting claims for patients that did not QUALITFY for hospice care as it is clearly defined....

Why???? Agenda Perhaps....

Facts that support both pro- and con- found here....

http://hometown.aol.com/Gww1210/myhomepage/wolfson.html

Little is left of the guardianship money. Some of it has gone to Schiavo's care and much of it has been used to press the legal case as Michael Schiavo has sought to fulfill what he says were his wife's end-of-life wishes. But even if all the money had gone to Terri Schiavo's care, it wouldn't have been enough.

Back in fall 2003, George Felos, Michael Schiavo's attorney, said he had an agreement with the hospice to settle Terri Schiavo's bill when the case was over. That day appears to be coming soon.

Gary Karr, spokesman for the Centers for Medicare and Medicaid Services, said the agency hasn't seen a request for payment of any kind for Schiavo's care in three years.

"The care is being paid for privately," he said. "She's spending her own money."

http://www.kansascity.com/mld/kansa...on/11212121.htm

WHO IS DR. JAY WOLFSON

TERRI SCHIAVO'S SOON TO BE APPOINTED GUARDIAN AD LITEM?

Who is this person that Judge Demer has appointed -- or will be appointing -- for Terri Schiavo? My God! More insanity. It seems to never end. Besides the attack on a secretary in 1994 here are some particulars on him: (our thanks to Eleanor for the research and following 'attack' article)

Dr. Jay Wolfson is director of the Florida Health Information Center at the University of South Florida in Tampa.

He is also a lawyer.

The University of South Florida is intimately connected to Hospice and Hospice of the Florida Suncoast (the corporate owner of the hospice where Terri was being dehydrated and starved, and where she is once again interned).

The USF website gives information on continuing professional education to be held November 6th by the University of South Florida's Center for Hospice, Palliative Care and End-of-Life Studies.

The University of South Florida, Dr. Jay Wolfson's employer, has a partnership with, among other hospice organizations, the Hospice of the Florida Suncoast.

You might want to keep this contact information in case we need calls, etc. going in to him.

http://www.sweetliberty.org/bulletins/terri/wolfson.htm

Gary Karr, spokesman for the Centers for Medicare and Medicaid Services, said the agency hasn't seen a request for payment of any kind for Schiavo's care in three years.



2003 - 3 = 2000

March 11, 2000 is when Terri Schiavo was without court knowlege or her parents moved to hospice....OBVIOUSLY according to Gary Kar...... THERE WAS A CLAIM FOR PAYMENT OF HER CARE........AT THAT TIME.......