Sec. 8. Additional requirements for facilities
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Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— in subparagraph (V), by striking and at the end; in subparagraph (W), as added by section 3005(1)(C) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), by redesignating such subparagraph as subparagraph (X), moving such subparagraph to follow subparagraph (V), moving such subparagraph 2 ems to the left, and striking the period at the end and inserting a comma; in subparagraph (W), as added by section 6406(b)(3) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), by redesignating such subparagraph as subparagraph (Y), moving such subparagraph to follow subparagraph (X), as added by subparagraph (B), moving such subparagraph 2 ems to the left, and striking the period at the end and inserting , and ; and by inserting after subparagraph
(Y)the following new subparagraph: in the case of hospitals, skilled nursing facilities, home health agencies, and hospice programs, to assure that appropriate documentation of care plans made while the individual received care by or through the provider (which may include advance directives, portable orders, or other locally appropriate documents) be completed prior to discharge to allow the plan to be carried out after discharge. . The amendments made by this subsection shall apply to agreements entered into or renewed on or after January 1, 2015. The Secretary of Health and Human Services shall conduct a study on the extent to which hospitals, skilled nursing facilities, hospice programs, home health agencies, and applicable providers of planning services under section 1861(iii) of the Social Security Act, as added by section 3(a), work with individuals to— engage in a care planning process; thoroughly and completely document the care planning process in the medical record; complete documents necessary to support the treatment and care plan, such as portable treatment orders and advance directives; provide services and support that is free from discrimination based on advanced age, disability status, or advanced illness; and provide documentation necessary to carry out the treatment plan to— subsequent providers or facilities; and the individual, their legally authorized representatives, and, where appropriate and relevant, their family caregiver. Not later than January 1, 2018, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph
(1)together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate.
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- Pub. L. 111-148
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