Proposal to Amend the Patient Self Determination Act

The American Bar Association is meeting in early August.  One resolution for the House of Delegates to consider is Resolution 106A.





COMMISSION ON LAW AND AGING

SECTION OF FAMILY LAW

SENIOR LAWYERS DIVISION

GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION



REPORT TO THE HOUSE OF DELEGATES



RESOLUTION



RESOLVED, That the American Bar Association urges Congress to amend the Patient-Self Determination Act (PSDA) provisions of the Medicare and Medicaid law to require that:



1. Every patient or patient’s authorized representative be given an opportunity to discuss issues relating to advance care planning with an appropriately trained professional within a reasonable time after the patient’s admission to a facility covered by the PSDA;



2. Health insurance exchanges developed pursuant to the Patient Protection and Affordable Care Act of 2010 be required under the PSDA to provide advance care planning information and resource options for follow-up assistance; and



3. In the absence of a validly executed advance directive, any clear, undisputed expression of a person’s wishes with respect to health care should be honored.



FURTHER RESOLVED, That the American Bar Association urges Congress and the United States Department of Health and Human Services to require the annual Medicare wellness examination, or other periodic doctor-patient interactions, to include both an opportunity to engage in and assistance with advance care planning for health decisions.