2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-615 - Provision of Information

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Advance care planning document” has the meaning stated in § 19–145 of this article.
(3)    “Electronic advance care planning document” has the meaning stated in § 19–145 of this article.
(4)    “Electronic platform” means the platform developed in accordance with § 19–145(b)(2)(i) of this article to make electronic advance care planning documents accessible.
(5)    “Health care facility” has the meaning stated in § 19–114 of this article.
(b)    (1)    Each health care facility shall provide each individual on admittance to the facility information concerning the rights of the individual to make decisions concerning health care, including the right to accept or refuse treatment, and the right to make an advance directive, including a living will.
(2)    Except as provided in paragraph (4) of this subsection, on admittance of an individual to a health care facility, the health care facility shall:
(i)    Use the electronic platform to identify if the individual has uploaded or saved any electronic advance care planning documents;
(ii)    If the individual has uploaded or saved any electronic advance care planning documents, attempt to verify the contents and update the documents as necessary; and
(iii)    If the individual has not uploaded or saved any electronic advance care planning documents:
1.    Offer the individual the opportunity to scan any paper advance care planning documents the individual brought to the health care facility and upload or save them to the electronic platform; or
2.    Provide the individual with an information sheet developed in accordance with this section.
(3)    If a health care facility maintains a website, after the tab on the State–designated health information exchange website required under § 19–145(b)(2)(iv) of this article is developed, the health care facility shall provide a link to the webpage that is accessed through the tab.
(4)    Paragraph (2) of this subsection does not apply to:
(i)    A community provider as defined in § 7–307 of this article;
(ii)    A home health agency as defined in § 19–401 of this article;
(iii)    An assisted living facility as defined in § 19–1801 of this article; and
(iv)    A hospice as defined in § 19–901 of this title.
(c)    (1)    The Department, in consultation with the Office of the Attorney General, shall develop an information sheet that provides information relating to advance directives, which shall include:
(i)    Written statements informing an individual that an advance directive:
1.    Can be updated or revoked by the individual at any time;
2.    Is a useful, legal, and well established way for an individual to communicate the preferences of the individual for medical care, including the designation of a health care agent;
3.    Allows an individual to specify the medical care that the individual may receive and can alleviate conflict among family members and health care providers;
4.    Can help ensure that an individual’s religious beliefs are considered if medical care is provided;
5.    Can be more effective if discussed with family members, or legal and religious advisors, if an individual desires;
6.    Is available in many forms, including model forms developed by religious organizations, estate planners, and lawyers;
7.    Does not have to be on any specific form and can be personalized;
8.    If completed, should be copied for an individual’s family members, physicians, and legal advisors and, at the discretion of the individual, be uploaded or saved to the electronic platform; and
9.    Is most effective if it is uploaded or saved to the electronic platform; and
(ii)    The following written statements:
1.    That an individual is not required to complete an advance directive;
2.    That an individual should discuss the appointment of a health care agent with the potential appointee;
3.    That advance directives are for individuals of all ages; and
4.    That in the absence of an appointed health care agent, the next of kin make an individual’s health care decisions when the individual is incapable of making or communicating those decisions.
(2)    The information sheet developed by the Department under this subsection shall be provided by:
(i)    The Department, in accordance with § 15–109.1 of this article;
(ii)    The Motor Vehicle Administration, in accordance with § 12–303.1 of the Transportation Article;
(iii)    A carrier, in accordance with § 15–122.1 of the Insurance Article;
(iv)    The Maryland Health Benefit Exchange, in accordance with § 31–108(g) of the Insurance Article;
(v)    A licensed physician to a patient at an appropriate time during a scheduled appointment;
(vi)    A managed care organization in accordance with § 15–103 of this article;
(vii)    A health care facility in accordance with subsection (b) of this section;
(viii)    A nursing facility in accordance with § 19–301 of this article;
(ix)    An assisted living facility in accordance with § 19–1801 of this article; and
(x)    The State–designated health information exchange in accordance with § 19–145(b)(2)(iv) of this article.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, the information sheet developed by the Department under this subsection may not contain or promote a specific advance directive form or an electronic advance directive technology or service.
(ii)    The information sheet shall include links to:
1.    Websites for electronic advance directives services that the Maryland Health Care Commission has recognized under § 19–144 of this article; and
2.    After the tab on the State–designated health information exchange website required under § 19–145(b)(2)(iv) of this article is developed, the webpage that is accessed through the tab.
(4)    The information sheet developed by the Department under this subsection at a minimum shall:
(i)    Educate the public on the use of electronic advance directives;
(ii)    Encourage the use of electronic advance directives;
(iii)    Provide information about developing an electronic advance directive;
(iv)    Describe how electronic advance directives are made available at the point of care;
(v)    Indicate that the use of an electronic advance directive is not required;
(vi)    Indicate that individuals do not have to pay to have their electronic advance directives honored; and
(vii)    Emphasize the importance of uploading or saving an electronic advance directive to the electronic platform.