‘This website includes for your consider-
ation alternative advance directive forms 
submitted by individuals or groups reflect-
ing different perspectives on advance 
health care decisions which you may wish 
to review before completing your own ad-
vance directive.’; and 
‘‘(E) the inclusion of a user friendly index 
on the clearinghouse website by State and, in 
the case of the ‘Alternative Advance Directive 
Forms’, by the name of the provider, so that a 
user may readily access those statutory and al-
ternative forms. 
‘‘(2) 
ALTERNATIVE
ADVANCE
DIRECTIVE 
FORMS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1)(D), the following shall apply: 
‘‘(i) Not later than 60 days after re-
ceiving an advance directive form sub-
mitted under such paragraph, the Sec-
retary shall either post the submitted form 
on a clearinghouse website or provide to 
the submitting entity a detailed expla-
nation of the basis for the Secretary’s de-
termination that the submitted form does 
VerDate Sep 11 2014 
22:09 Nov 21, 2015
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4059.IH
H4059
tkelley on DSK3SPTVN1PROD with BILLS
not comply with relevant State or Federal 
law, which determination shall be subject 
to judicial review under section 702 of title 
5 of the United States Code; and 
‘‘(ii) the Secretary shall either remove 
or refuse to post any submitted form if 
provided with an official determination by 
the Attorney General of the applicable 
State that the form is not in compliance 
with State law, subject to applicable State 
law described in subparagraph (B). 
‘‘(B) STATE LAW DESCRIBED.—For pur-
poses of subparagraph (A), State law described 
in this subparagraph is— 
‘‘(i) a ruling by a court of the applica-
ble State, or by a Federal court applying 
that State’s law, subject to subsequent rul-
ings by a court or courts with authority to 
supercede that ruling; or 
‘‘(ii) a statute or regulation of the ap-
plicable State that provides for a specific 
procedure for officially determining wheth-
er particular advance directive forms com-
ply with State law. 
VerDate Sep 11 2014 
22:09 Nov 21, 2015
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4059.IH
H4059
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(3) STATEMENT.—For purposes of paragraph 
(1)(A), the statement included in this paragraph is 
the following statement, with appropriate insertions 
in the bracketed segments updated at least annually: 
‘‘WHY YOU MAY WANT TO CONSIDER AN ‘AD-
VANCE DIRECTIVE’ Do you ever worry what would 
happen if you became unable to make health care decisions 
for yourself because of an illness or injury? That’s what 
an ‘advance directive’ is for. You can use it to give direc-
tions for your health care providers and family about your 
health care wishes that are to be followed if you are no 
longer able to speak for yourself. You can also name some-
one you trust, like a family member or friend, to give 
health care directions for you when you can’t do so your-
self. 
‘‘You should consider carefully who to choose to 
speak for you and what directions you want to give to en-
sure your representative clearly reflects your own values 
and treatment preferences. You should not feel pressured 
to violate your own values and preferences, and you are 
entitled to implement them without discrimination based 
on age or degree of disability. 
‘‘There are many resources to help you. 
‘‘By choosing the name of a state at [INSERT name 
of webpage for the index provided in paragraph 4 of this 
VerDate Sep 11 2014 
22:09 Nov 21, 2015
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4059.IH
H4059
tkelley on DSK3SPTVN1PROD with BILLS
subsection and its URL (and, on the clearinghouse 
website, include a hyperlink to it)], you can find sample 
advance directives for that state. You can see any sample 
or required forms given in state law, as well as others from 
individuals or groups with different viewpoints on advance 
health care decisions which you may wish to review before 
completing your own advance directive. 
‘‘Below is contact information for accredited vendors 
who will arrange for your advance directive to be confiden-
tially kept online, where it can be seen by doctors who 
are treating you so they are made aware of your wishes. 
You can also give permission to certain other people, like 
family members or friends, you want to be able to get a 
copy of your advance directive. If a disagreement about 
your treatment develops, depending on your state’s law 
certain other people may also be allowed to see it. 
‘‘These vendors can also help you create an advance 
directive online or with paper documents, if you wish. On-
line directives allow you to change or cancel one that no 
longer fits with your wishes in a more timely manner. 
‘‘[INSERT, in alphabetical order, the names and 
contact information for currently accredited advance di-
rective vendors (and, on the clearinghouse website, 
hyperlinks to their websites).] 
VerDate Sep 11 2014 
22:09 Nov 21, 2015
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4059.IH
H4059
tkelley on DSK3SPTVN1PROD with BILLS
‘‘Although any adult who is capable of doing so can 
use these resources to complete an advance directive at 
any time, Medicare beneficiaries are particularly encour-
aged to do so when enrolling in Medicare or during the 
annual enrollment period when you can choose among dif-
ferent Medicare health insurance alternatives. 
‘‘In addition, some Medicare Advantage plans or sup-
plemental insurance plans may offer a financial incentive 
or other additional benefits for creating an advance direc-
tive online. 
‘‘By completing an advance directive you can not only 
make it more likely that your wishes about health care 
will be known if you are unable to tell them at the time, 
but also spare family, friends, and doctors the difficulty 
of trying to figure out what you would have wanted. These 
are matters of the highest importance that can affect life- 
or-death decisions, as well as your future comfort and 
well-being. You are encouraged to think about them care-
fully, and give serious consideration to recording your 
wishes in an advance directive.’’. 
Æ 
VerDate Sep 11 2014 
22:09 Nov 21, 2015
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6301
E:\BILLS\H4059.IH
H4059
tkelley on DSK3SPTVN1PROD with BILLS