(B) develop or employ a dollars-per-quality 
adjusted life year (or similar measure that dis-
counts the value of a life because of an individ-
ual’s disability); or 
(C) make a grant to a private entity that 
advocates, promotes, or facilitates any item or 
procedure for which funding is unavailable 
under the Assisted Suicide Funding Restriction 
Act of 1997 (Public Law 105–12). 
SEC. 10. ADVANCE CARE PLANNING ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Health and Human Services (in this section referred to 
as the ‘‘Secretary’’) shall establish within the Office of the 
Secretary an advisory committee to be known as the Ad-
vance Care Planning Advisory Council (in this section re-
ferred to as the ‘‘Council’’). 
(b) DUTIES.— 
(1) MISSION.—The Council shall advise the 
Secretary regarding the compilation, development, 
and dissemination of resources for developed with 
grants awarded under section 9. 
(2) RESPONSIBILITIES.—Responsibilities of the 
council include the following: 
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(A) Ensuring that resources provided con-
tain unbiased information about the range of 
options available to individuals with serious, 
chronic progressive, advanced, or terminal ill-
ness, including information about conventional, 
curative treatments, palliative care, and hospice 
care. 
(B) Developing strategies for increasing 
public understanding about serious, chronic 
progressive, and advanced illness and the im-
portant role advance care planning can play in 
documenting an individual’s wishes for medical 
care for loved ones in the event that the indi-
vidual cannot communicate such wishes. 
(C) Compiling information for dissemina-
tion regarding existing advance care planning 
models including POLST, advance directives, 
and healthcare proxies. 
(D) Promoting interagency coordination 
and minimizing overlap regarding advance care 
planning, including opportunities to coordinate 
efforts between the Federal agencies and exter-
nal stakeholders. 
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(E) Identifying and evaluating cross-cut-
ting issues such as pediatric end-of-life care and 
advance care planning access issues. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—The Council shall be com-
posed of up to 15 members appointed by the Sec-
retary from among qualified individuals who are not 
officers or employees of the Federal Government. 
(2) GROUPS.—The members of the Council 
shall include the following: 
(A) At least 3 members with clinical train-
ing and an expertise in palliative care, advanced 
illness, or end-of-life care. 
(B) At least 3 members from patient and 
family advocacy groups. 
(C) At least 3 members from religious or 
spiritual organizations. 
(D) Other members from interested stake-
holder groups with a proven expertise in pallia-
tive, chronic, advanced, or end-of-life care. 
(d) APPLICABILITY OF FACA.—The Council shall be 
treated as an advisory committee subject to the Federal 
Advisory Committee Act (5 U.S.C. App.). 
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SEC. 11. ANNUAL REPORT ON MEDICARE DECEDENTS. 
The Secretary of Health and Human Services shall 
issue for each fiscal year (beginning no later than fiscal 
year 2018) an annual report that analyzes the cir-
cumstances of Medicare beneficiaries who died during the 
fiscal year covered by such report. Such analysis shall in-
clude at least the following with respect to such decedents: 
(1) Information on the care or payor settings 
(such as under part A or part C of Medicare) at the 
time of death. 
(2) Information on the demographic character-
istics of such decedents. 
(3) Information on the geographic distribution 
of such decedents. 
(4) An evaluation of the Medicare claims data 
for such decedents for services furnished in the last 
year of life, including an analysis of the setting of 
care for decedents who had more than one chronic 
illness at the time of death. 
(5) Such other information as the Secretary 
deems appropriate. 
SEC. 12. RULE OF CONSTRUCTION. 
Nothing in the provisions of, or the amendments 
made by, this Act shall be construed to limit the restric-
tions of, or to authorize the use of Federal funds for any 
service, material, or activity pertaining to an item or serv-
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ice or procedure for which funds are unavailable under, 
the Assisted Suicide Funding Restriction Act of 1997 
(Public Law 105–12). 
Æ 
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