And below is the provision in HR3200 that orders Medicare to pay your doctor for a counseling session if your Grandma wants to learn more about these forms. Grandma doesn't have to have the counseling session, and she doesn't have to sign a form. But if she wants to talk to her doctor about these forms, Medicare will pay the doctor for his time.
And that is ALL the bill does with regard to end-of-life issues. It funds a counseling session every five years.
I don't know anyone who's made a will, or gone into the hospital for surgery, who hasn't been presented with these forms. Signing them is optional. They are not filed with the state. You take them home and tuck them away in a safe place, and you make sure your family knows where to find them.
The language of the legislation, and a sample Living Will and Health Care Proxy, are below.
From HR3200: America's Affordable Health Choices Act of 20
5 SEC. 1233. ADVANCE CARE PLANNING CONSULTATION.
6 (a) MEDICARE.—
7 (1) IN GENERAL.—Section 1861 of the Social
8 Security Act (42 U.S.C. 1395x) is amended—
9 (A) in subsection (s)(2)—
10 (i) by striking ‘‘and’’ at the end of
11 subparagraph (DD);
12 (ii) by adding ‘‘and’’ at the end of
13 subparagraph (EE); and
14 (iii) by adding at the end the fol
15 lowing new subparagraph:
16 ‘‘(FF) advance care planning consultation (as
17 defined in subsection (hhh)(1));’’; and
18 (B) by adding at the end the following new
19 subsection:
20 ‘‘Advance Care Planning Consultation
21 ‘‘(hhh)(1) Subject to paragraphs (3) and (4), the
22 term ‘advance care planning consultation’ means a con
23 sultation between the individual and a practitioner de
24 scribed in paragraph (2) regarding advance care planning,
25 if, subject to paragraph (3), the individual involved has
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1 not had such a consultation within the last 5 years. Such
2 consultation shall include the following:
3 ‘‘(A) An explanation by the practitioner of ad
4 vance care planning, including key questions and
5 considerations, important steps, and suggested peo
6 ple to talk to.
7 ‘‘(B) An explanation by the practitioner of ad
8 vance directives, including living wills and durable
9 powers of attorney, and their uses.
10 ‘‘(C) An explanation by the practitioner of the
11 role and responsibilities of a health care proxy.
12 ‘‘(D) The provision by the practitioner of a list
13 of national and State-specific resources to assist con
14 sumers and their families with advance care plan
15 ning, including the national toll-free hotline, the ad
16 vance care planning clearinghouses, and State legal
17 service organizations (including those funded
18 through the Older Americans Act of 1965).
19 ‘‘(E) An explanation by the practitioner of the
20 continuum of end-of-life services and supports avail
21 able, including palliative care and hospice, and bene
22 fits for such services and supports that are available
23 under this title.
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1 ‘‘(F)(i) Subject to clause (ii), an explanation of
2 orders regarding life sustaining treatment or similar
3 orders, which shall include—
4 ‘‘(I) the reasons why the development of
5 such an order is beneficial to the individual and
6 the individual’s family and the reasons why
7 such an order should be updated periodically as
8 the health of the individual changes;
9 ‘‘(II) the information needed for an indi
10 vidual or legal surrogate to make informed deci
11 sions regarding the completion of such an
12 order; and
13 ‘‘(III) the identification of resources that
14 an individual may use to determine the require
15 ments of the State in which such individual re
16 sides so that the treatment wishes of that indi
17 vidual will be carried out if the individual is un
18 able to communicate those wishes, including re
19 quirements regarding the designation of a sur
20 rogate decisionmaker (also known as a health
21 care proxy).
Below are sample forms as provided by the Florida Bar Association. Forms vary from state to state.
What is a Living Will?
Every competent adult has the right to make a written declaration commonly known as a "Living Will." The purpose of this document is to direct the provision, the withholding or withdrawal of life prolonging procedures in the event one should have a terminal condition. The suggested form of this instrument has been provided by the Legislature within Florida Statutes Section 765.303. In Florida, the definition of "life prolonging procedures" has been expanded by the Legislature to include the provision of food and water to terminally ill patients.
What is a Health Care Surrogate?
Any competent adult may also designate authority to a Health Care Surrogate to make all health care decisions during any period of incapacity. During the maker's incapacity, the Health Care Surrogate has the duty to consult expeditiously, with appropriate health care providers. The Surrogate also provides informed consent and makes only health care decisions for the maker, which he or she believes the maker would have made under the circumstances if the maker were capable of making such decisions. If there is no indication of what the maker would have chosen, the Surrogate may consider the maker's best interest in deciding on a course of treatment. The suggested form of this instrument has been provided by the Legislature within Florida Statutes Section 765.203.
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Obama loves your grandma. He wants to make sure she has the opportunity to talk these things over with her doctor. That is all.