lished by the Bureau of Labor Statistics of 
the Department of Labor) over the pre-
ceding year. 
‘‘(B) ROUNDING.—If any amount deter-
mined under subparagraph (A) is not a multiple 
of 10 cents, such amount shall be rounded to 
the nearest multiple of 10 cents. 
‘‘(3) FUNDING.—For purposes of carrying out 
this subsection, the Secretary shall provide for the 
transfer, from the Federal Supplementary Medical 
Insurance Trust Fund under section 1841, of such 
sums as the Secretary determines necessary. 
‘‘(4) ADMINISTRATION.—The Secretary shall, 
through a full notice and comment rulemaking proc-
ess, establish procedures for— 
‘‘(A) making the incentive payment di-
rectly to the eligible beneficiary or a personal 
account maintained by the beneficiary at a fi-
nancial institution that has been designated by 
the beneficiary, and ensuring that no other enti-
ty receives the payment on the beneficiary’s be-
half; and 
‘‘(B) ensuring that a beneficiary does not 
receive an incentive payment under this section 
more than once. 
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‘‘(e) EDUCATION AND OUTREACH.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
for— 
‘‘(A) the inclusion of the statement set 
forth in paragraph (3) in the Medicare and You 
handbook under section 1804 and on a clear-
inghouse website linked to the Internet website 
of the Centers for Medicare & Medicaid Serv-
ices; 
‘‘(B) the promotion of the benefits of elec-
tronic advance directives services, as they be-
come available, through the use of mass com-
munications and other means; 
‘‘(C) the inclusion, under the heading 
‘Statutory Advance Directive Forms’, of any 
relevant forms, whether mandatory or optional, 
specified in the statues or regulations of the 
States to be displayed on a clearinghouse 
website; 
‘‘(D) the inclusion, under the heading ‘Al-
ternative Advance Directive Forms,’ on a sepa-
rate clearinghouse website, and in accordance 
with paragraph (2)— 
‘‘(i) of other advance directive forms 
submitted to the Secretary by individuals 
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and groups in an electronic format speci-
fied by the Secretary for which the submit-
ting entity includes, for each form sub-
mitted, an opinion by an attorney licensed 
to practice in the relevant State dem-
onstrating that the submitted form com-
plies with the law of that State; and 
‘‘(ii) of the following disclaimer, which 
shall be prominently posted on the website: 
‘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.— 
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‘‘(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 
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— 
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‘‘(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. 
‘‘(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? Do you hold 
certain values and beliefs with respect to your medical 
treatment that you would want to be upheld if you were 
unable to convey them yourself? That’s what an ‘advance 
directive’ is for. You can use it to give directions 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 someone you 
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