Advance Directives Improvement and Education Act of 2005

Bill: 109-s-347
Sponsor: Sen. Nelson, Bill [D-FL]
Introduced: 2005-02-10 in the Senate
Policy area: Health
Subjects: Administrative procedure
Civil Rights and Liberties, Minority Issues
Coinsurance
Congress
Congressional investigations
Congressional reporting requirements
Data banks
Economics and Public Finance
Federal aid to health facilities
Federal preemption
Finance and Financial Sector
Government Operations and Politics
Government publicity
Grants-in-aid
Health counseling
Health education
Health maintenance organizations
Law
Legislation
Living wills
Managed care
Medicaid
Medical fees
Medical records
Medicare
Pain
Physicians
Power of attorney
Right of privacy
Science, Technology, Communications
Social Welfare
State laws
Terminal care

Summary:
action_date: 2005-02-10
text: 
Advance Directives Improvement and Education Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide for Medicare coverage of end-of-life planning consultations. Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the State in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under Medicaid, title XIX of the Social Security Act. 
 
Amends the Public Health Service Act to provide for grant programs to increase awareness of advance directive planning issues. Directs the Secretary to conduct a national public education campaign to: (1) raise public awareness of the importance of planning for care near the end of life; (2) improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; (3) explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and (4) educate the public about the availability of hospice care and palliative care.
 
Directs the Secretary to provide for the establishment of a national, toll-free, information clearinghouse as well as clearinghouses that the public may access to find out about State-specific information regarding advance directive and end-of-life decisions.
 
 Requires General Accounting Office studies and reports on end-of-life planning issues.


Legislative actions:
action_date: 2005-02-10
text: Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S1275-1277)
action_date: 2005-02-10
text: Sponsor introductory remarks on measure. (CR S1274-1275)
action_date: 2005-02-10
text: Introduced in Senate