
Stephen Kiernan knows about dying. He has witnessed the worst and best ways of leaving this life.
โMy fatherโs end-of-life care involved every imaginable medical extravagance, which in retrospect I believe was torture. It also cost a fortune,โ he said. โFive years later, my mother died pain-free at home in her bed, with her prayer book in her hand and family at the bedside. And it cost one-tenth as much.โ
Years later Kiernan, who lives in Charlotte, would write โLast Rights: Rescuing the End of Life from the Medical System,โ and hear more than 10,000 stories like his own from readers of his book.
โWhen I started researching end-of-life care, I learned that the dilemmas that my brothers and sisters and I faced with our parents were not unique โ they were commonplace. About 6,000 Vermonters die every year. About 1,400 of them have my motherโs experience, thanks to hospice and palliative care, and having an advance directive in place. The rest of those Vermonters suffer avoidable physical pain, preventable emotional anguish and unnecessary intervention and expense,โ he said.
โThis is not like mapping the human genome or inventing the artificial heart,โ Kiernan added. โWe know how to take good care of people in the last chapter of their lives. We need a greater commitment to doing that.โ
More than 80 percent of Vermonters say they want to die at home, yet most die in a hospital or nursing home โ except for one group. Three out of four people enrolled in hospice care die in their own homes.1 But Vermont ranks near the bottom nationwide in hospice use: Medicare spending on hospice care per Vermonter is well below the national average.
Read about U.S. Hospice Utilization by State.
Supporters of a bill that passed unanimously in the House hope it will increase the number of Vermonters who take advantage of hospice. The intent of H.201, โAn Act Relating to Hospice and Palliative Care,โ was to remove obstacles that discourage patients from choosing the service by:
- directing the state โ and urging private insurers โ to take the steps needed to provide an โenhanced hospice accessโ benefit
- removing the barriers of access to Choices for Care for hospice patients
- taking measures to ensure that patients do not receive unwanted treatment, and do receive desired treatment, in a medical emergency and
- providing that practitioners of medicine and surgery complete 10 hours of continuing medical education to renew their licenses.
What’s the difference between hospice and palliative care? Mel Huff explains.
A study conducted by Aetna, the insurance company, inspired the section of H.201 that provides for expanded hospice benefits. In 2005, Aetna launched a pilot project that offered a group of participants โenhanced hospice accessโ: Patients with a diagnosis of a terminal illness and a life expectancy of 12 months were permitted to elect hospice care. They were also allowed to continue curative treatment while they received hospice services. Currently, patients must acknowledge that they have only six months or less left to live and agree to forego curative therapies in order to receive Medicare hospice benefits. Most private insurers follow Medicareโs lead.
Aetna reported that the enhanced hospice benefit and nurse case management resulted in an increased use of hospice, a decrease in acute care and lower use of services provided in hospitals. Medicare data show that a quarter of all health care costs are incurred by intense medical treatment in the last six months of life; hospice care is much less expensive. The net result of the Aetna pilot was a 22 percent decrease in costs. In September 2009, Aetna began offering enhanced hospice benefits to most employer groups.
Read the Palliative Care and Pain Management Task Force Annual Report, 2011.

Rep. Bill Frank, who introduced H.201, pointed to three elements that contributed to the success of the pilot project. First, Aetnaโs nurse case manager followed the patients to make sure they were getting appropriate care. Second, receiving a prognosis of a year of additional life seemed less daunting to patients than a six monthsโ prognosis. And third, after entering the hospice program, patients who felt they needed curative therapies they had previously received could still receive them.
ย
Chemotherapy, for example, is sometimes used for palliative purposes, although Medicare considers it curative. Under the present hospice guidelines, cancer patients who enter hospice canโt receive chemotherapy.
โOne reason people donโt take advantage of hospice is that they donโt want to admit theyโre near the end of life, and they donโt want to give up curative care โ they think they will have pain,โ Frank said. โBut Aetna found that if you allow people to be able to go back on curative care, even if for a short time, it not only helps the patient, because they know theyโre not giving it up completely, but it also helps them have a better quality of life. When we reviewed this report, this was very promising for both patients and for saving money. Something thatโs better and costs less money โ talk about a โwin-winโ situation!โ
H.201 requires the state to apply for Medicare and Medicaid waivers to allow Vermont to provide enhanced hospice access, and it recommends that insurance companies provide similar benefits. โThatโs a substantial extension of hospice,โ Frank observed.
Cindy Bruzzese, the executive director of the Vermont Ethics Network, echoed his remarks. โWe have some evidence now that shows that we can improve quality of life for patients, improve patient and family satisfaction, reduce the repeat admissions and acute admissions to the hospital and also reduce costs.

โItโs not frequent that all the stars align where weโre doing a better job of providing care and spending less money,โ she said. โThis seems like a model thatโs worth replicating.โ
ย
Another provision of H.201 affects fewer people but is also an important step in expanding access to hospice. Currently, people who are in the Choices for Care program can enter hospice when they become eligible if the services arenโt duplicated, but it doesnโt work the other way around. People who enter hospice become ineligible for Choices for Care.
Choices for Care, which is funded through a Medicaid waiver, helps people 65 years old or older stay in their homes by providing them with personal care, meal preparation, laundry and housekeeping, and other services. Some people, however, have delayed enrolling in hospice because they first want to get into for Choices for Care. Approval for the program can take two to three months. Bruzzese noted that some people have died waiting.
โIt forced some people not to access hospice. It forced them to make a choice they shouldnโt have to make,โ observed Long Term Care Ombudsman Jacquie Majoras. โThe bill allows people on hospice to apply for Choices for Care, so it doesnโt matter which door you come in first.โ
The bill also reduces the potential for patientsโ end-of-life wishes to be inadvertently disregarded.
H.201includes a provision for standardizing the โDo Not Resuscitate/Clinician Orders for Life Sustaining Treatmentโ (DNR/COLST) form. Using a standard form statewide will make it easier for EMTs to find information quickly.
In addition, the provision requires health care providers and facilities to ensure that a patientโs advance directive โ along with any changes to it โ and his DNR/COLST order be โpromptly available,โ and that file jackets and folders note that the patient has these directives.
Dr. Robert Macauley, a palliative care physician and the medical director of clinical ethics at Fletcher Allen Health Care, helped formulate the uniform DNR and โlimitation of treatmentโ order form.
He noted that a Do Not Resuscitate order addresses only cardiopulmonary resuscitation: A person can have a DNR order but still receive other types of emergency care, such as oxygen and intravenous fluids. The Clinician Orders for Life Sustaining Treatment, or COLST form, allows the patient to document his wishes regarding types of treatment beyond CPR, such as intubation and mechanical ventilation, a feeding tube or antibiotics.
โThere have been studies that have shown that for patients that have the entire form filled out, theyโre subjected to much less treatment that they donโt want than if they donโt have the form filled out,โ Macauley observed.
โOne of the classic things I teach a lot about is that DNR doesnโt mean โDo Nothing,โ Macauley noted. โIt just means, โDonโt do CPR if someoneโs heart stops.โ Thatโs all it says. There are a lot of people who want everything else except for that, and thatโs fine.
โOne thing a lot of people donโt realize is that the odds of good outcomes from CPR, even in a hospital, are pretty poor. In the largest study to date, if youโre sick enough to be in the hospital and your heart stops, your odds of surviving with CPR, leaving the hospital and going back to the same level of functioning you had before is about 10 percent,โ he explained.
โIโve had lots of patients who say, โIf I get an infection, give me antibiotics. If I canโt keep food down, give me IV fluids. Maybe if my kidneys stop working, give me dialysis. All those things have a pretty good shot for working for a time-limited event, and they can get me back to where I was before, but if my heart stops, I donโt want to go down that road because it can inflict injury and the odds of it working out in my favor are pretty slim.โ
Macauley observed that many people who have an advance directive think the document will ensure that their wishes will be followed. What they donโt realize, he said, is that in the hierarchical medical system, โOur presumption is we do everything for everybody unless thereโs a (physicianโs) order not to.
โSo a person might have an advance directive that says, โUnder no circumstances if my heart were to stop do I want to get CPR.โ If theyโre at home, their heart stops, someone calls 911, the paramedics walk through the door and a family member says, โHereโs the advance directive where the patient said he would never want CPR,โ and the paramedics will start doing CPR, because thereโs no doctorโs order,โ Macauley said. โThe only way to prevent CPR is having a doctorโs order saying, โDonโt do CPR!โ A lot of physicians donโt even understand that.โ
Despite the benefits of hospice to patients and families and the fact that Medicare pays the entire cost (there are no co-payments), the service is poorly utilized in Vermont. On average, Vermonters who enroll in hospice receive services for fewer than eight days, according to the Dartmouth Atlas. This is despite the fact that anyone in hospice care who outlives her six month prognosis will continue to receive services until she dies.
Frank contends that one reason for delays in accessing hospice is that many doctors donโt tell patients soon enough that they are nearing the end of life. They wait until the patientโs organs start shutting down, a week or two before death occurs. โThe person could have used hospice services months before that,โ Frank says.
Many doctors, the legislators found, had never received any training in palliative care or hospice โ the courses werenโt available when they were in medical school. A lack of familiarity with the services is one reason for the lack of referrals to hospice, the law-makers reasoned.
When the Human Services committee looked into requiring clinicians to earn some continuing medical education credits in end-of-life care as a condition of license renewal, members discovered that Vermont is one of a handful of states the doesnโt require doctors to take any continuing medical education to renew their licenses.
โIn order to get your license renewed in Vermont, a physician only has to fill out a form and write a check,โ Frank said, although he noted that professional medical organizations and hospitals require continuing medical education.
A provision to require four hours of continuing medical education in palliative care, hospice, end-of-life care and management of chronic pain was taken out of H.201 after committee members were deluged with protests from doctors, Frank said.
Madeleine Mongan, Vice-President of the Vermont Medical Society, explained that physicians were concerned not about the Legislature requiring continuing education, but about it mandating specific content, โbecause then you can get into something like โthe flavor of the month,โ and next year itโs bioterrorism or domestic violence โ these are all important issues,โ she said.
A compromise amendment provides that doctors take 10 hours of continuing medical education during the biennial license renewal cycle, and show evidence of recognizing the need for โtimely appropriate consultations and referrals to assure fully informed patient choice of treatment options, including treatments such as those offered by hospice, palliative care and pain management services.โ
Kiernan, who testified โaggressivelyโ at the hearings, argues that doctors should be required to learn the basics of end-of-life care. โEven the best-intentioned, smartest doctor isnโt going to be very good at a care he doesnโt know how to provide,โ he asserts. Kiernan cites several studies showing that doctors overestimate โ often significantly โ the length of time that patients have left to live. Such errors determine the kind of care patients receive at the end of life.
Macauley finds himself in the minority among his colleagues in regard to the requirement of continuing medical education in hospice and palliative care.
โI thought it was a good idea,โ he said. โThereโs an old saying about people that says they donโt know what they donโt know. Theyโve done studies where they ask physicians, โHow good are you at this?โ or โHow well do you know this?โ regarding palliative care, and physicians across the board overestimate how much they know and how good they are at things.โ
