S. 465 would amend titles XVIII and XIX of the Social Security Act and title III of the Public Health Service Act to improve access to information about individuals' health care options and legal rights for care near the end of life, it would promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, and it would engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care.
Detailed Summary
Advance Directives Improvement and Education Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of end-of-life planning and consultations as part of an initial preventive physical examination.
Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the state in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the state in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if it can be reasonably demonstrated that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under SSA title XIX (Medicaid).
Amends the Public Health Service Act to direct the Secretary of Health and Human Services, directly or through grants, to: (1) conduct a national education campaign to raise public awareness of the importance of planning for care near the end of life; and (2) provide for a national, toll-free information clearinghouse, as well as clearinghouses that the public may access to find out about state-specific information regarding advance directives and end-of-life decisions.
Requires the General Accounting Office to study and report to Congress on the feasibility of a national registry for advanced directives.
Status of the Legislation
Latest Major Action: 1/31/2007: Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.
Points in Favor
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Points Against
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Visitor Comments
Lofty Basta MD
I very strongly support this important and much needed bill. In a rapidly changing society we must empwer people to choose their medical treatment as they approach the sunset of their own lives. To put this weighty medical decision in the hands of other individuals is unjust and can be hazardous.
Lofty Basta MD
Laila Basta
This proposed legislation is much needed. My husband and I established PROJECT GRACE Foundation to enhance people's understanding of what is involved in this terminal medical choice and that it must be made by one while one is still able to choose. Thank you Senator Nelson.
Laila Basta MD