IV 

110TH CONGRESS 

2D SESSION S. CON. RES. 73 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2008 

Referred to the Committee on Energy and Commerce 

CONCURRENT RESOLUTION 

Expressing Congressional support for the goals and ideals 

of National Health Care Decisions Day. 

Whereas National Health Care Decisions Day is designed to 

raise public awareness of the need to plan ahead for 

health care decisions related to end-of-life care and medical decision-making whenever patients are unable to 

speak for themselves and to encourage the specific use of 

advance directives to communicate these important decisions; 

Whereas the Patient Self-Determination Act (42 U.S.C. 

1395cc(f) et seq.) guarantees patients the right to information about their rights under State law regarding accepting or refusing medical treatment; 

Whereas it is estimated that only a minority of Americans 

have executed advance directives, including those who are 

terminally ill or living with life-threatening or life-limiting 

illnesses; 


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SCON 73 RFH 

Whereas advance directives offer individuals the opportunity 

to discuss with loved ones in advance of a health care crisis and decide what measures would be appropriate for 

them when it comes to end-of-life care; 

Whereas the preparation of an advance directive would advise 

family members, health care providers, and other persons 

as to how an individual would want to be treated with respect to health care; 

Whereas to avoid any legal or medical confusion due to the 

emotions involved in end-of-life decisions, it is in the best 

interest of all Americans that each person over the age 

of 18 communicate his or her wishes by creating an advance directive; 

Whereas the Conditions of Participation in Medicare and 

Medicaid, section 489.102 of title 42, Code of Federal 

Regulations (as in effect on the date of enactment of this 

resolution), require all participating facilities to provide 

information to patients and the public on the topic of advance directives; 

Whereas the Centers for Medicare & Medicaid Services has 

recognized that the use of advance directives is tied to 

quality health care and has included discussions of advance directives in the criteria of the Physician Quality 

Reporting Initiative; 

Whereas establishing National Health Care Decisions Day 

will encourage health care facilities and professionals as 

well as chaplains, attorneys, and others to participate in 

a collective, nationwide effort to provide clear, concise, 

and consistent information to the public about health 

care decision-making, particularly advance directives; and 


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Whereas as a result of National Health Care Decisions Day, 

recognized on April 16, 2008, more Americans will have 

conversations about their health care decisions, more 

Americans will execute advance directives to make their 

wishes known, and fewer families and health care providers will have to struggle with making difficult health 

care decisions in the absence of guidance from the patient: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) supports the goals and ideals of National 

4 Health Care Decisions Day; 

5 (2) supports the goals and ideals of advance 

6 care planning for all adult Americans; 

7 (3) encourages each person in the United 

8 States who is over the age of 18 to prepare an ad9 vance directive to assist his or her loved ones, health 

10 care providers, and others as they honor his or her 

11 wishes; 

12 (4) calls upon all members of Congress to exe13 cute such documents and discussions for themselves; 

14 and 

15 (5) encourages health care, civic, educational, 

16 religious, and for- and non-profit organizations to 

17 encourage individuals to prepare advance directives 


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1 to ensure that their wishes and rights with respect 

2 to health care are protected. 

Passed the Senate April 3, 2008. 

Attest: NANCY ERICKSON, 

Secretary. 


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