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PENDING LEGISLATION
109th CONGRESS
1st Session
S.347
Advance Directives Improvement and Education Act of 2005
SUMMARY AS OF:
2/10/2005—Introduced
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.
To amend Titles XVIII and XIX of the
Social Security Act and title III of the Public Health
Service Act to improve access to information about
individuals' health care options and legal rights for
care near the end of life, to promote advance care
planning and decision-making so that individuals' wishes
are known should they become unable to speak for
themselves, to engage health care providers in
disseminating information about and assisting in the
preparation of advance directives, which include living
wills and durable powers of attorney for health care,
and for other purposes.
LEGISLATION
IDAHO SENATE BILL NO. 1068aa
MEDICAL CONSENT AND NATURAL DEATH ACT*
Be It Enacted by the Legislature of
the State of Idaho:
SECTION 1. That Chapters 43 and 45, Title
39, Idaho Code, be, and the same are hereby repealed.
SECTION 2. That Title 39, Idaho Code, be,
and the same is hereby amended by the addition thereto
of a NEW CHAPTER, to be known and designated as Chapter
45, Title 39, Idaho Code, and to read as follows:
CHAPTER 45 - THE MEDICAL CONSENT AND NATURAL DEATH ACT
March 23, 2005 Governor Kempthorne
signed Session Law Chapter 120, effective: 07/01/05.
SB 1068aa STATEMENT OF PURPOSE /
FISCAL IMPACT
STATEMENT OF PURPOSE
Section One: Currently there are two acts
in the Idaho Code that deal with medical consents:
Chapter 43 of Title 39; and, Chapter 45 of Title 39.
This Act creates a single unified Act. Therefore, the
existing Medical Consent Act, Chapter 43 of Title 39, is
repealed in its entirety, and appropriate sections of
that Act included in the new combined Act.
Section Two: Similarly, the existing
terms of the Natural Death Act, Chapter 45 of Title 39,
Idaho Code, are repealed, and replaced by the new
unified Act. The methods and purposes of the Medical
Consent Act and the Natural Death Act are retained, but
are clarified and simplified, with overlapping or
conflicting sections brought together and unified. The
Living Will and Durable Power of Attorney For Health
Care, formerly spread into two documents, are combined
in a single document, although the person executing the
form can choose to fill out either or both of such
subparts. The existing signature method of the Living
Will is used for the combined form.
FISCAL NOTE
This bill will have no fiscal impact.
*
Briefing Sheet Provided by
A Better Way Coalition, Inc.: Life
on Our Own Terms
CONTACT:
Robert L. Aldridge
1209 North Eighth Street
Boise, Idaho 83702-4297
Telephone: (208) 336-9880 Fax: (208) 336-9882
E-mail:
rlaldridge@hotmail.com
William A. Von Tagen
Deputy Attorney General
Telephone: (208) 334-4140 Fax: (208) 334-3446
E-mail:
bill.vontagen@ag.idaho.gov
Peter C. Sisson
Sisson & Sisson
605 East Highland View Drive
Boise, Idaho 83702
Telephone: (208) 387-0729 Fax: (208) 331-5009
E-mail:
sissonlaw@cableone.net
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