A bill to amend title 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 decisionmaking so that individuals' wishes are known should the 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.
Advance Directives Education Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require a service provider, Medicare Advantage organization, or prepaid or eligible organization to: (1) provide each individual receiving medical care through such provider or organization with the opportunity to discuss issues relating to an individual's rights under State law to make decisions concerning medical care and formulate advance directives; and (2) give effect to an advance directive executed outside the State even if such directive does not appear to meet State requirements, unless the provider or organization can reasonably demonstrate that the directive is not an authentic expression of the individual's health care wishes. Makes such advance directive requirements applicable under title XIX (Medicaid) of the Social Security Act.
Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide for the establishment of a national, toll-free, information clearinghouse for State-specific information regarding advance directives and end-of-life decisions.
Requires the Comptroller General to study and report on the feasibility of a national registry for advanced directives.
Requires each State to establish a program that: (1) provides information to residents at the State's department of motor vehicles on the advance directives clearinghouse; and (2) is modeled after the State's organ donation program at the department of motor vehicles.
Referred to the Subcommittee on Health.
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S1275-1277)
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2385-2386)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S2386-2387)
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.
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