Summary

Creates a voluntary Medicare Advance Directive Certification Program requiring the Secretary of Health and Human Services to set up a system (within 5 years) that encourages Medicare and Medicare Advantage beneficiaries to adopt and maintain certified advance directives. The Program directs CMS to host State statutory and alternative advance directive forms, establish accreditation criteria for vendors that store or provide electronic directives, require enrollment/registration and privacy protections consistent with HIPAA, and include outreach and enrollment links on future Medicare applications.

Key Points

• Creates a voluntary Medicare Advance Directive Certification Program to encourage use and maintenance of certified advance directives for Medicare beneficiaries.
• CMS must host State statutory advance directive forms and a State-by-State index, and post or reject alternative State forms within 60 days.
• The Secretary must establish accreditation criteria and an accreditation process for vendors/entities that provide or store certified advance directives, with annual reviews and removal for noncompliance.
• Enrollment/registration processes must identify where directives are stored and assure privacy/security consistent with HIPAA, with limited access for authorized persons and providers.
• Program must be established and implemented within 5 years of enactment and include beneficiary outreach and links on future Medicare enrollment forms.
• The Secretary must consult the Comptroller General when setting accreditation criteria.
• No specific appropriation is included; the Program sets administrative and operational requirements but is voluntary and does not preempt State law.
• Rejected alternative State forms can be judicially reviewed; State attorneys general retain authority to require removal for noncompliance with State law.
• Accreditation requirements include near real-time online access, hard copy on request, security/testing standards, and annual beneficiary surveys.

Categories & Tags