Sec. 141. Study and report by the Secretary regarding the establishment and implementation of a national uniform policy on advance directives
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The Secretary, acting through the Office of the Assistant Secretary for Planning and Evaluation, shall conduct a thorough study of all matters relating to the establishment and implementation of a national uniform policy on advance directives for individuals receiving items and services under titles XVIII, XIX, or XXI of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq., or 1397aa et seq.). The matters studied by the Secretary under paragraph
(1)shall include issues concerning— family satisfaction that a patient’s wishes, as stated in the patient’s advance directive, were carried out; the portability of advance directives, including cases involving the transfer of an individual from 1 health care setting to another; immunity from civil liability and criminal responsibility for health care providers that follow the instructions in an individual’s advance directive that was validly executed in, and consistent with the laws of, the State in which it was executed; conditions under which an advance directive is operative; revocation of an advance directive by an individual; the criteria used by States for determining that an individual has a terminal condition; surrogate decisionmaking regarding end-of-life care; the provision of adequate palliative care (as defined in paragraph (3)), including pain management; adequate and timely referrals to hospice care programs; and the end-of-life care needs of children and their families. For purposes of paragraph (2)(H), the term palliative care means interdisciplinary care for individuals with a life-threatening illness or injury relating to pain and symptom management and psychological, social, and spiritual needs and that seeks to improve the quality of life for the individual and the individual’s family. Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative actions as the Secretary considers appropriate. In conducting the study and developing the report under this section, the Secretary shall consult with the Uniform Law Commissioners, and other interested parties.
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Sec. 141
Study and report by the Secretary regarding the establishment and implementation of a national uniform policy on advance directives
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