Oklahoma Medical Treatment Laws Information Act: Futility Transparency

Last May, I wrote about a new Michigan law that would require hospitals to disclose their medical futility policies in writing, on request. 



As I have written, this law does not require anything more than is already required by the Patient Self Determination Act.  But lots of state law duties duplicate federal duties.  



The rationale for the Michigan Medical Good Faith Provisions Act is that it would increase transparency in the health care system and empower patients and their families to make informed decisions. When health facilities are not upfront about their treatment limitation policies, people with serious conditions might waste valuable time and financial resources searching for help from providers who ultimately can do nothing for them.  If the care a patient seeks is not provided at a particular facility as a rule, the patient should be notified and given the opportunity to look for a more accommodating facility or provider, if desired.  



A few weeks ago, Oklahoma enacted a law similarly aimed at empowering patients and their families, the Medical Treatment Laws Information Act.  



Unlike Michigan, Oklahoma already has a law that requires hospitals to continue treatment requested by a surrogate, the Nondiscrimination in Treatment Act.  The new statute requires the State Board of Medical Licensure and Supervision to prepare a "disclosure statement" designed to inform patients and families of their rights under the Nondiscrimination in Treatment Act and related Oklahoma laws.  The "disclosure statement" will be available on the state website and must be distributed by healthcare facilities.