Sec. 7. Advance directives
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/bill/115/hr/2797/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1866(f) of the Social Security Act ( 42 U.S.C. 1395cc(f) ) is amended by adding at the end the following new paragraph: An advance directive validly executed outside the State in which such directive is presented may be given effect by a provider of services or organization to the same extent as an advance directive validly executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, a physician or other health care provider or organization may presume that a written advance health care directive or similar instrument, regardless of where executed, is valid.
The provisions of this paragraph shall preempt any State law on advance directive portability to the extent such law is inconsistent with such provisions. Nothing in the paragraph shall be construed to— authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented; require a provider of services or an organization to act in a manner contrary to its religious or moral convictions; apply to a request or directive ordering a sterilization or abortion or ordering withdrawal of treatment from a pregnant woman if continued treatment can reasonably be expected to bring her child to live birth; prohibit the application of a State law which allows for an objection on the basis of conscience for any health care provider or any agent of such provider which as a matter of conscience cannot implement an advance directive or portable treatment order; or permit the Secretary to seek civil penalties, including exclusion from participation in the program under this title or the program under title XIX, against a provider or organization if the provider or organization— used reasonable efforts to deliver care that is consistent with an individual’s goals, preferences, and values when addressing decisionmaking for an individual who lacks decisional capacity; or exercised its right of conscience in accordance with clause
(ii)or (iv). . Paragraph
(2)of section 7 of the Assisted Suicide Funding Restriction Act of 1997 ( 42 U.S.C. 14406 ) is amended to read as follows: to require any provider or organization, or any employee of such a provider or organization, to follow or be bound by a request from an individual or legally authorized representative, an advance directive, or a portable treatment order that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individuals, such as by assisted suicide, euthanasia, or mercy killing. . The Comptroller General of the United States shall conduct a study that examines the use, portability, and electronic storage of advance directives and that identifies barriers towards adopting, using, and following advance directives in the clinical setting. Such examination shall include issues that remain unresolved after the Stage 3 Meaningful Use final rule, including barriers and solutions to finding and accessing advance care planning documents, best practices for alerting eligible providers to the presence of an advance care plan, and best practices for transmitting advance care plans across sites of care. Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under paragraph
(1)and shall include in the report such recommendations regarding improving advance health care planning as the Comptroller General deems appropriate.
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