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Schiavo-inspired bills lose momentum in Congress

While defending their actions to keep the woman alive, lawmakers show little zeal for broader legislation.

By ANITA KUMAR
Published April 7, 2005

WASHINGTON - Just about two weeks ago, when Congress passed a hastily written bill meant to prolong Terri Schiavo's life, they vowed to consider the needs of other incapacitated people later this session.

But as lawmakers began debating broader legislation Wednesday, the enthusiasm that brought Congress back from vacation for a midnight vote on Palm Sunday had conspicuously waned.

Leaders offered no proclamations of support of a new bill. Two senators - the bare minimum needed - showed up for the first hearing at the Capitol. Nobody talked about working overtime to hammer out a compromise.

Recent national polls show most Americans, including most evangelical Christians, believe Congress and President Bush should not have gotten involved in a personal matter that usually is left to family, or to state courts.

Back from their two-week Easter recess, members of Congress defended their extraordinary effort to keep Schiavo alive.

"I think the criticism was unfair," said Sen. Richard Burr, R-N.C. "We set a precedent with everything that we do in Congress, but we also set a precedent with what we chose not to do."

The House and Senate tried to pass a bill before Schiavo died that would have affected more people than just her. But the chambers could not compromise and agreed only on a bill about Schiavo.

The Schiavo bill, passed March 28, included a simple sentence indicating Congress will reconsider a broader bill for other incapacitated people later in session, but it's not binding. A small group of lawmakers remain interested in passing a bill that affects incapacitated people.

"Although Terri Schiavo very dramatically brought these issues to the attention of the nation, their importance did not fade or diminish with her loss," said Sen. Mike Enzi, R-Wyo., chairman of the Senate Health, Education, Labor and Pensions Committee.

But the House and Senate are far apart.

The House wants a bill that would affect thousands of people for whom a state judge had authorized the withholding of food or medical treatment. The Senate wants a bill that would affect a much smaller number of incapacitated people: those who did not leave a living will and whose life is already being debated in court.

Both bills would have the same result: Move the case to federal court, where a judge would hold a new trial to review the facts. Congress tried that with the Schiavo case, but judges did not give her case the review lawmakers had expected. Schiavo died March 31.

Sen. Tom Harkin, an Iowa Democrat who helped write the Americans with Disability Act, plans to introduce a bill in the next few weeks.

"There should be a last review in certain situations and the federal government may have a role in that," said Florida Sen. Mel Martinez, who is working with Harkin and sponsored the Schiavo bill.

House leaders said they support their original bill passed before Schiavo died and are waiting for the Senate to support it.

"Terri's will to live should serve as an inspiration and impetus for action," said Rep. James Sensenbrenner, R-Wis.

Any proposed legislation will face opposition from lawmakers opposed to Congress getting involved in end-of-life issues.

"The role of Congress cannot be to intervene and interfere with their private lives in each and every case," said Sen. Edward Kennedy, D-Mass. "Instead, our role in Congress should be to support families as they make end-of-life decisions."

Conservative groups plan to lobby lawmakers to pass a bill limiting the rights of spouses or relatives to end care for incapacitated people. And lawmakers may introduce their own legislation.

Democratic Sens. Bill Nelson of Florida and Hillary Clinton of New York introduced a bill Wednesday requiring Medicare to cover one meeting with a doctor to discuss creating a living will.

The bill, sponsored in the House by Rep. Sander Levin, D-Mich., also requires the federal government to launch a public education campaign about living wills and requires states to recognize living wills from other states.

"If there is a lesson to be learned from the tragic events of the past few weeks, it is the importance of having a living will," Clinton said.

At the Senate hearing Wednesday, senators heard from expert witnesses on everything from how to pay for health care to the quality of hospice care and the legal needs of the disabled in America.

A similar House committee hearing was postponed, and has yet to be rescheduled.

Times staff writer Wes Allison and researcher Kitty Bennett contributed to this report. Anita Kumar can be reached at 202 463-0576 or kumar@sptimes.com

[Last modified April 7, 2005, 01:33:57]