WASHINGTON >> Bipartisan members of Congress, including U.S. Representative Mike Thompson (CA-05) met this week to reintroduce legislation that encourages Medicare beneficiaries to create electronic advance directives. These are legal documents that allow patients to clearly articulate their preferences for their medical care should they suffer from a debilitating illness or condition.
The Medicare Choices Empowerment and Protection Act would offer a small, one-time financial incentive to encourage Medicare beneficiaries to provide clear legal guidance to their medical providers and family members should they become incapable of speaking for themselves. This legislation would incentivize Medicare beneficiaries themselves to create and register a certified and secure advance directive online.
In addition, the bill would provide beneficiaries with access to a website with model advance directives representing a range of options.
“Every person has a right to determine their own end-of-life care,” said Thompson. “This bill will help put Medicare patients in charge their own end-of-life care decisions by providing them with the tools they need to direct their own care. I worked on this issue in the California State Senate, and I am proud to continue this effort to empower patients.”
According to a 2006 study by the Pew Research Center, 70 percent of Americans have thought about their health care preferences should they be faced with a life-threatening illness or injury, but only one-third have completed an advance directive. Under the Medicare Choices Empowerment and Protection Act, Medicare beneficiaries would be able to voluntarily create and register an electronic advance directive with the Centers for Medicare & Medicaid Services (CMS) at any time. Advance directives would be created through, and maintained by, outside organizations certified by CMS, and could be modified or terminated at any time by the beneficiary.
An advance directive would include any written statement that outlines the kind of treatment and care a beneficiary wants or does not want under certain conditions, and can include identification of a health care proxy.
Beneficiaries would also receive a small, one-time incentive for registering an electronic advance directive.
To address concerns about confidentiality, the Medicare Choices Empowerment and Protection Act requires both CMS and outside groups maintaining advance directives to hold the highest standards for privacy and security protection as well as system functionality. CMS would only keep track of the certified organization through which a beneficiary has created an advance directive and would not keep a database of these documents.
The bill does not interfere with any state laws governing advance directives.
Along with Thompson to discuss the matter were U.S. Senators Chris Coons (D-Del.), Bill Cassidy, MD (R-Louis.), John Barrasso (R-Wyo.), and Michael Bennet (D-Colo.) and U.S. Reps. Diane Black (R-Tenn.), Chris Collins (R-N.Y.), and Peter Welch (D-Vt.)
“I am proud to introduce this bipartisan legislation with my colleagues to empower patients to make their own health decisions on their own terms,” said Sen. Coons. “This bill will encourage more Americans to think about what kind of medical care they wish to receive should they not be able speak for themselves, which will reduce confusion and heartache and allow patients to spend their final days as they see fit. The breadth of supporting organizations just reinforces the overwhelming need to encourage people to have these difficult, but critically important conversations.”
The bill is supported by the National Right to Life Committee, Coalition to Transform Advanced Care, National Partnership for Hospice Innovation, American Nurses Association, Third Way, Healthwise, MyDirectives, Center for Practical Bioethics, Get Real Health, Coordinated Care Health Network, Cerner and Altarium, American College of Emergency Physicians, and Zen Hospice.
The full text of the bill is available at https://www.coons.senate.gov/download/medicare-choices-empowerment-and-protection-act_bill-text.
