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 (Y), by 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 documented care plans include any advance directives or portable treatment orders made while the individual received care by the provider and that such plan is sent to the individual’s primary care provider upon discharge and any facility to which the individual is transferred. . The amendments made by this subsection shall apply to agreements entered into or renewed on or after January 1, 2019. 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 providers of advance care planning services work with individuals to— engage in a care planning process; thoroughly and completely document the care planning process in the medical record and to update the care plan on a regular basis; complete documents necessary to support the treatment and care plan, such as portable treatment orders and advance directives; provide services and support that are free from discrimination based on advanced age, disability status, or diagnosis, including serious, chronic progressive, 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, 2021, 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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Sec. 8
Additional requirements for facilities
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