The bill makes it much easier for Medicare beneficiaries to create, access, and share state-recognized advance directives electronically—improving continuity of care and data reliability—but creates taxpayer costs, concentrates sensitive records (raising privacy risks), and may face state-law conflicts and vendor/uptake challenges that could limit its benefits.
Medicare beneficiaries (including patients with chronic conditions) can create, register, and access state-recognized advance directives online, making it substantially easier to document and retrieve end-of-life wishes.
Designated family or legal representatives and treating providers can securely view and obtain a participant's advance directive, improving continuity of care and ensuring clinicians have lawful access to patients' documented wishes.
Standardized accreditation requirements and annual quality reviews for vendors increase the reliability and security of electronic advance directive records, reducing inconsistent implementations and improving trust in the system.
Medicare beneficiaries face increased privacy risk because centralizing advance directives in electronic registries could expose sensitive end-of-life information if access controls or vendor security fail.
State governments and beneficiaries could experience delays or removal of certain forms if state attorneys general or courts challenge the validity of forms under state law, creating legal uncertainty and inconsistent access.
Implementing and operating the program will impose costs on CMS and, by extension, taxpayers to build and maintain accreditation processes and IT infrastructure.
Based on analysis of 2 sections of legislative text.
Establishes a voluntary Medicare program to certify advance directive forms and vendors, post forms online, and set accreditation and quality standards to be implemented within five years.
Introduced December 15, 2025 by Bill Cassidy · Last progress December 15, 2025
Creates a voluntary Medicare Advance Directive Certification Program that encourages Medicare beneficiaries to adopt and keep certified advance directives. The Department of Health and Human Services must set up the program within five years, publish a State-by-State index and statutory/alternative forms on the CMS website, and run an accreditation and quality-review system for vendors that provide certified forms.