Americans Need Greater Access to Information About Advanced Directives
Americans Need Greater Access To Information About Advanced Directives
Tuesday November 08, 2005
For most Americans, the Terri Schiavo case was more than a family tragedy; it was a call to action to ensure that they and their family members have made preparations in the event of an incapacitating illness.
I have sponsored The Advanced Directives Improvement and Education Act, HR 2058, to increase the number of Americans who have Advanced Directives. The best way for individuals to make their wishes known and to ease the burden on loved ones is to prepare an Advanced Directive, clearly stating what they want done if they should become incapacitated.
The legislation builds on the landmark 1990 Patient Self-Determination Act, which recognized that the government's role should not be to make decisions about life-prolonging treatment. Instead, the government should make it easier for individuals to make those decisions themselves by providing Americans with information about their options.
The 1990 law requires all Medicare and Medicaid participating organizations to give patients written information about their rights under state law regarding end-of-life decisions. It requires these organizations to maintain policies and procedures about advanced directives, and to document in the medical record the existence of an Advanced Directive.
The bill that I co-sponsored would:
· Create a U.S. Department of Health and Human Services public education campaign to raise awareness about Advanced Directives among Americans;
· Establish a clearinghouse where consumers can receive state-specific and easy-to-understand information on Advanced Directives;
· Allow all Medicare beneficiaries to have a physician consultation when preparing an Advanced Directive; and,
· Make all Advanced Directives portable from state to state.
In 1993, Maryland enacted legislation allowing residents to complete a Living Will regarding life-sustaining procedures when a terminal condition is imminent and the patient is permanently unconscious. Advanced Directives are broader because they include end-stage conditions, including Alzheimer's Disease. Both Living Wills and Advanced Directives let patients decide about artificially supplied nutrition and hydration.
Maryland Attorney General Joseph Curran provides forms for Advanced Directives and Living Wills on his web site. These forms can be accessed by going to http://www.oag.state.md.us/ and clicking on Advanced Directives/Living Wills.
Medical technology has the potential to keep people alive, but individuals have the right to make decisions about the extent of medical intervention they want. No family wants to endure the anguish of the Schiavo family.
http://www.cardin.house.gov/index.cfm?ContentID=1901&ParentID=29&SectionID=43&SectionTree=29,43&lnk=b&ItemID=1890