Sanford should veto
bill to pay for donor organs
SOUTH CAROLINA IS one step away from becoming apparently the
first state to thumb its nose at medical ethics, social mores and
federal law and start paying people to sell Granny’s liver.
A bill passed in the hectic final days of the legislative session
offers a $1,000 tax credit for the estate of any S.C. resident whose
tissues or organs are donated.
The legislation is a well-intended attempt to serve a very real
societal need for more donated organs to keep pace with the growing
number of people whose lives could be saved with a transplant. More
than 85,000 Americans (704 of them South Carolinians) need
transplants, but last year only 6,500 were performed. So 6,103
people died waiting. Fewer than a third of the people whose organs
could be donated actually become donors, largely because even when
people register as organ donors, their families either don’t know
about it or else overrule their decisions when called upon to make
the crucial, life-or-death call.
Well-intended as the financial incentive is, though, it is a
horrible idea — one Gov. Mark Sanford needs to make sure does not
become state law.
The reason for the ethical denunciation, and the federal ban, of
paying for organs is simple: If a financial incentive is offered for
organ donations, someone must determine what the financial incentive
will be. Whether intended that way or not, the mere act of deciding
that number has the effect of putting a price tag on the value of
the organ — and of the human life it may save.
As if that idea isn’t repulsive enough on its face, consider that
the only way you could offer an incentive without creating price
wars in which the highest bidder gets to literally buy a life-saving
organ from another human being is for the incentive-giving to be
limited to government. That means the very act of setting a price on
human life would become part of an annual budget-writing process,
with all the compromises that are a necessary part of that process.
The economy’s slow? Well, we’ll just cut the value of a human life
by half, so we can still afford programs with a larger
constituency.
Many medical professionals, faced with disappointing results from
public awareness campaigns aimed at promoting organ donation, are
starting to dip their toes into a debate over whether the taboo —
and the federal law — against paying people for organs should be
relaxed. The Congress and a handful of states have taken a tiny step
toward financial incentives, with laws to use tax credits to
reimburse living donors for any expenses not covered by insurance —
typically travel to and from a transplant center and pay for time
off from work. And in fact, that’s what the bill that passed the
S.C. House and came before the state Senate last month was intended
to do.
Unfortunately, what happened far too often in South Carolina
happened next: During the lightning-fast consideration that is given
to bills with no opposition, an amendment was proposed. That
amendment, couched in terms of encouraging people to donate urgently
needed organs, sounded good if you didn’t think about it too long.
And so without the careful ethical debate that is occurring
nationally, without that thinking-about-it-very-long process having
occurred, the Senate voted unanimously to pay people to donate their
dead relatives’ organs. The next week, the House, just as quickly,
agreed to the addition. And now it’s up to Mr. Sanford to veto a
well-intended but unethical, socially questionable, illegal bill. He
should do so
soon. |