From the new healthcare plan: SEC. 138. INFORMATION ON END-OF-LIFE PLANNING. (a) In General- The QHBP offering entity -- (1) shall provide for the dissemination of information related to end-of-life planning to individuals seeking enrollment in Exchange-participating health benefits plans offered through the Exchange; (2) shall present such individuals with-- (A) the option to establish advanced directives and physician’s orders for life sustaining treatment according to the laws of the State in which the individual resides; and (B) information related to other planning tools; and (3) shall not promote suicide, assisted suicide, or the active hastening of death. The information presented under paragraph (2) shall not presume the withdrawal of treatment and shall include end-of-life planning information that includes options to maintain all or most medical interventions. (b) Construction- Nothing in this section shall be construed-- (1) to require an individual to complete an advanced directive or a physician’s order for life sustaining treatment or other end-of-life planning document; (2) to require an individual to consent to restrictions on the amount, duration, or scope of medical benefits otherwise covered under a qualified health benefits plan; or (3) to encourage the hastening of death or the promotion of assisted suicide. (c) Advanced Directive Defined- In this section, the term ‘advanced directive’ includes a living will, a comfort care order, or a durable power of attorney for health care (d) Prohibition on the Promotion of Assisted Suicide- (1) IN GENERAL- Subject to paragraph (3), information provided to meet the requirements of subsection (a)(2) shall not include advanced directives or other planning tools that list or describe as an option suicide, assisted suicide or the intentional hastening of death regardless of legality. (2) CONSTRUCTION- Nothing in paragraph (1) shall be construed to apply to or affect any option to-- (A) the withhold or withdraw of medical treatment or medical care; (B) withhold or withdraw of nutrition or hydration; and (C) provide palliative or hospice care or use an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason. (3) EXEMPTION- The requirements of subsection (a) shall not apply to any State that as of August 1, 2009, requires the inclusion of information prohibited in such paragraph in advanced directives or other planning tools.
Posted on: Tue, 22 Oct 2013 15:32:04 +0000
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