Case law is law, I'll give you that.
But I think you're talking about a living will where the patient seeks out a doctor for a consultation and decides in advance the course of treatment in the event of incapacitation.
It sounds to me that with the new regulation a Medicare doctor will be paid by the government to give the consultation whether the patient requests it or not. That may be too fine distinction for you but you have to admit being "paid" for something is an incentive and in this case, it's given by government.
But that’s just half of it Buck.