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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1580 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1580

  To amend titles XVIII and XIX of the Social Security Act to require 
 that individuals entitled to medicare benefits or enrolled in a State 
  medicaid plan be provided with notice of their rights to accept or 
   refuse medical care and the right to formulate advance directives.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

   Mr. Dooley (for himself, Mr. Hoyer, and Mr. Barrett of Wisconsin) 
   introduced the following bill; which was referred jointly to the 
               Committees on Ways and Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend titles XVIII and XIX of the Social Security Act to require 
 that individuals entitled to medicare benefits or enrolled in a State 
  medicaid plan be provided with notice of their rights to accept or 
   refuse medical care and the right to formulate advance directives.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advance Directive Expansion Act of 
1993''.

SEC. 2. PROVIDING NOTICE OF RIGHTS REGARDING MEDICAL CARE TO 
              INDIVIDUALS ENTERING MEDICARE OR MEDICAID.

    (a) Notice to Medicare Beneficiaries.--
            (1) In general.--Section 1804 of the Social Security Act 
        (42 U.S.C. 1395b-2) is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``, and''; and
                    (C) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) a description of an individual's rights under State 
        law to make decisions concerning medical care, including the 
        right to accept or refuse medical or surgical treatment and the 
        right to formulate advance directives (as defined in section 
        1866(f)(3)).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to notices provided under section 1804 of the 
        Social Security Act on or after January 1, 1994.
    (b) Notice to Individuals Enrolled in State Medicaid Plans.--
            (1) In general.--Section 1902(a) of the Social Security Act 
        (42 U.S.C. 1396a(a)) is amended in the paragraph (58) added by 
        section 4751(a)(1)(C) of the Omnibus Budget Reconciliation Act 
        of 1990 by striking the period at the end and inserting the 
        following: ``, and that would be provided by the State to each 
        individual enrolled in the State plan.''.
            (2) Effective date.--(A) Except as provided in subparagraph 
        (B), the amendment made by paragraph (1) shall apply to 
        calendar quarters beginning on or after January 1, 1994, 
        without regard to whether or not final regulations to carry out 
        such amendments have been promulgated by such date.
            (B) In the case of a State plan for medical assistance 
        under title XIX of the Social Security Act which the Secretary 
        of Health and Human Services determines requires State 
        legislation (other than legislation appropriating funds) in 
        order for the plan to meet the additional requirements imposed 
        by the amendments made by paragraph (1), the State plan shall 
        not be regarded as failing to comply with the requirements of 
        such title solely on the basis of its failure to meet these 
        additional requirements before the first day of the first 
        calendar quarter beginning after the close of the first regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of such session shall be deemed to be a 
        separate regular session of the State legislature.

                                 <all>
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