In the Business of Dying: Questioning the Commercialization of Hospice

Author:

Perry Joshua E.,Stone Robert C.

Abstract

In our society, some aspects of life are off-limits to commerce. We prohibit the selling of children and the buying of wives, juries, and kidneys. Tainted blood is an inevitable consequence of paying blood donors; even sophisticated laboratory tests cannot supplant the gift-giving relationship as a safeguard of the purity of blood. Like blood, health care is too precious, intimate, and corruptible to entrust to the market.The hospice movement in the United States is approximately 40 years old. During these past four decades, the concept of holistic, multidisciplinary care for patients (and their families) who are suffering from a terminal illness has evolved from a modest, grassroots constellation of primarily volunteer-run and community-governed endeavors to a multimillion dollar industry where the surviving nonprofits compete with for-profit providers, often publicly traded, managed by M.B.A.-trained executives, and governed by corporate boards. The relatively recent emergence of for-profit hospice reflects an increasing commercialization of health care in the United States, the potentially adverse impact of which has been well documented.

Publisher

Cambridge University Press (CUP)

Subject

Health Policy,General Medicine,Issues, ethics and legal aspects

Reference80 articles.

1. 11. See McCue, and Thompson, , supra note 9.

2. 51. Prior evidence of a variety of unsavory marketing tactics employed by pharmaceutical company representatives provides a cautionary tale, well documented by Dr. Angel, Marcia , former editor of the New England Journal of Medicine, in her 2004 book The Truth about the Drug Companies. The hard sell, questionably accurate information, and gift incentives can go a long way toward building market share, but not necessarily toward empowering a potential patient to make a decision that is in her best interest and consistent with the hospice philosophy.

3. 40. Id. and Relman, , supra note 14.

4. 25. Eichenwald, K. , “HCA Is Said to Reach Deal on Settlement of Fraud Case,” New York Times, December 18, 2002, at A1 (reporting on an agreement with the Justice Department to pay more than $880 million to settle a long-running inquiry into accusations of health care fraud). See also Wood, E. T. , “Feds Win $19.4M in Lawsuit over Renal Care Group Medicare Practices,” NashvillePost.com website, March 23, 2010, available at (last visited February 25, 2011). The most egregious example of for-profit fraud specifically in the hospice industry would be that involving SouthernCare Hospice Press Release, Frohsin & Barger, LLC, Alabama Hospice Provider Settles Whistleblower Lawsuit for $24.7 Million, January 16, 2009) (on file with authors). As for fraud in the nonprofit sector, the False Claims Act Legal Center lists St. Barnabas Healthcare and its chain of eight nonprofit hospitals in New Jersey, as 23rd on its list of top False Claim Act fraud feasors since 1986. See (last visited January 20, 2011). For a specific hospice example, see also Frantz, D. , “Hospice Boom Is Giving Rise to New Fraud,” New York Times, May 10, 1998, at A1 (reporting on an indictment of Kirschenbaum, Joseph A. and His “not-for-profit” hospice Samaritan Care that allegedly defrauded Medicare out of $28.5 million).

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