Sponsors (2)
The bill makes advance directives more accessible and standardized for Medicare beneficiaries—improving the chance that patient wishes are known and respected—while creating new administrative costs, potential vendor burdens, and remaining technical and legal access risks that may still leave gaps in urgent care situations.
Medicare beneficiaries (including those with chronic conditions) can store and share legally recognized advance directives electronically so providers can access care preferences more quickly in near real-time.
Vendors will be subject to standardized certification and annual quality reviews to meet privacy, security, interoperability, and state-law compliance, reducing risks of errors, fraud, and inconsistent implementations.
CMS must provide centralized links to state statutory and alternative advance-directive forms and notify beneficiaries during enrollment, making it easier for beneficiaries and states to find appropriate forms and increasing awareness of advance directives.
If vendor records or interoperability fail during urgent care, clinicians and patients (especially those with chronic conditions) may still lack timely access to advance directives, so critical gaps in honoring patient wishes could remain.
Complexities around HIPAA access exceptions and differing state laws could create confusion about who may view or control directives in emergencies, risking delays or disputes over honoring patient preferences.
Vendors will incur compliance, testing, and assessment costs (security, interoperability, surveys) that could be passed to users or discourage vendor participation, reducing options available to beneficiaries.
Based on analysis of 2 sections of legislative text.
Establishes a voluntary Medicare Advance Directive Certification Program requiring HHS to accredit vendors, provide online resources, notify beneficiaries, and protect privacy and interoperability.
Introduced December 15, 2025 by Gregory Francis Murphy · Last progress December 15, 2025
Creates a voluntary Medicare Advance Directive Certification Program to encourage Medicare enrollees and Part A beneficiaries to adopt and keep certified advance directives. The Department of Health and Human Services must set up the program within five years, maintain online resources and links to state forms, notify beneficiaries during the annual enrollment period, and add advance-directive resources to Medicare enrollment applications. The Secretary must accredit (or contract for accreditation of) advance-directive vendors using standards for privacy, security, online access, quality review, state-law compliance, dispute access, testing, and interoperability; require annual quality reviews and beneficiary surveys; and ensure HIPAA-level privacy while allowing authorized access for participants.