Sponsors (2)
The bill would make advance directives more accessible and secure for Medicare beneficiaries and protect individual control, but introduces administrative costs, vendor compliance burdens, and legal/technical gaps that could still leave some directives inaccessible or create confusion in emergencies.
Medicare beneficiaries (including patients with chronic conditions) can store and share legally recognized advance directives electronically so providers can access care preferences more quickly.
Vendors will be held to standardized certification, privacy, security, interoperability, and annual quality review requirements, reducing risks of data breaches, errors, or noncompliant systems for beneficiaries and providers.
Participants retain control — beneficiaries can disenroll or terminate certified advance directives at any time — preserving individual choice over end-of-life decisions.
Confusion about HIPAA access exceptions and variations in state law could leave beneficiaries and providers uncertain who may view or control directives in emergencies.
If vendor systems or interoperability fail during urgent care, clinicians may still lack timely access to directives, so patient wishes might not be honored in critical moments.
Vendors will face compliance and testing costs (security, interoperability, surveys) that could be passed to users or discourage vendor participation, reducing choices available to beneficiaries.
Based on analysis of 2 sections of legislative text.
Creates a voluntary Medicare certification program that accredits advance-directive vendors, requires CMS outreach and links to federal/state forms, and mandates privacy, quality, and interoperability standards.
Official title: To amend title XVIII of the Social Security Act to encourage Medicare beneficiaries to voluntarily adopt advance directives guiding the medical care they receive.
Introduced December 15, 2025 by Gregory Francis Murphy · Last progress December 15, 2025
Creates a voluntary Medicare Advance Directive Certification Program requiring HHS/CMS to set up and run a system to encourage Medicare enrollees and Part A beneficiaries to adopt certified advance directives. The Department must host links to state and federal advance-directive forms, notify beneficiaries during the annual enrollment period, add links on enrollment applications, and accredit (or contract for accreditation of) vendors who provide advance-directive services against privacy, security, accessibility, quality, and state-law compliance criteria.