Hmgt 372 wk 2 federaldirectives2a.pdf - Federal Law on...

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Federal Law on Advance Directives The Federal Patient Self Determination Act i (enacted in 1990) addresses the rights of health (including mental health) care users to stipulate in advance how they would like to be treated by health care providers when they are incapacitated. These wishes can be articulated by consumers in a specific document (an advance directive) or by appointing someone as a health care agent to speak for them. The intent of the law is to provide an opportunity for adults to express their desires about medical treatment in advance, and to educate the entire population on advance directives. The law was enacted with the intent to offset a perceived imbalance between health care consumers and providers. ii The federal law does not grant consumers new rights; those specific rights are spelled out in state law. The federal law requires hospitals and other providers (including psychiatric hospitals and other mental health providers) and health plans to maintain written policies and procedures with respect to advance directives. Typically under state law, individuals have the right to: o Accept or refuse medical or surgical treatment o Have an advance directive and/or appoint a health care agent. Federal law does not require individuals to complete any form of advance directive (and nor do state laws), and it expressly forbids requiring an advance directive as a requisite for treatment. Definition of an Advance Directive Under this federal law, an advance directive is defined as: A written instruction, such as a living will or durable power of attorney for health care, recognized under state law (whether statutory or as recognized by the courts of the State), relating to the provision of health care when the individual is incapacitated. iii Who Must Comply with This Law Certain provider entities must comply with the law in order to receive Medicare or Medicaid payment from the federal government. However, the requirements of the law apply for all individuals in these facilities (or treated through these providers), not only for people who are on Medicare or Medicaid. Provider entities covered under the law are: o Hospitals; o Skilled nursing homes; o Nursing homes; o Providers of Medicare and Medicaid home health care;