`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 73 Referred in House (RFH)]







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;
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
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
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) supports the goals and ideals of National Health Care 
        Decisions Day;
            (2) supports the goals and ideals of advance care planning 
        for all adult Americans;
            (3) encourages each person in the United States who is over 
        the age of 18 to prepare an advance directive to assist his or 
        her loved ones, health care providers, and others as they honor 
        his or her wishes;
            (4) calls upon all members of Congress to execute such 
        documents and discussions for themselves; and
            (5) encourages health care, civic, educational, religious, 
        and for- and non-profit organizations to encourage individuals 
        to prepare advance directives to ensure that their wishes and 
        rights with respect to health care are protected.

            Passed the Senate April 3, 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.`