There's multiple differences between the United States Constitution and a Health Care bill.
- The health care bill is longer.
- The constitution was written over 200 years before the health care bill.
let's look at number one. The constitution covers more topics with less page space. Of course it's not going to include every single detail about how the government is supposed to be run, that's why it delegates the powers out to the legislative, executive, and judicial bodies. On the other hand, bill by congress is supposed to be a lot more specific. That's why it's over 1,000 pages long.
As for number two, opinions and interpretations change over time. The jucial branch essentially exists to interpret the constitution, and obviously interpretations are going to change just as guns transform from muzzle loaded muskets to something you can conceal in your pocket.
And finally, the point that McCaughey makes is completely unrelated.
Stewart (reading):IN GENERAL- For purposes of reporting data on quality measures for covered professional services furnished during 2011 and any subsequent year, to the extent that measures are available, the Secretary shall include quality measures on end of life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment.
McCaughey: Putting pressure on doctors to require patients to go through a consultation that's prescribed by the government, and then penalizing them if the patient or family changes their mind about their living will in a moment of crisis, that's really wrong.
Stewart: That would be really wrong if that was in any way what this really said.
the reporting data is known as PQRI. A blogger who's a physician puts it best: (emphasis mine)
"Medicare has a program called PQRI in which they collect data on quality of care and reimburse physicians who track these measures (many physicians, myself included, believe this really means that we will only be given full payment for tracking PQRI). For example, if I track data on whether my diabetics are offered certain tests, have their blood pressure checked, etc., I get a bonus payment (supposedly). At this point, I don't get penalized for bad blood pressures, or rewarded for good ones. The only reward is in the tracking."
the blog entry: http://scienceblogs.com/whitecoatunderground/2009/08/stewart_v_mccaughey---more_to.php?utm_source=sbhomepage&utm_medium=link&utm_content=channellink