Congressman Sander Levin

 
 
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For Immediate Release
April 3, 2008
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Cullen Schwarz
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Levin Introduces Bi-partisan Legislation to Further Encourage Advance Medical Plans for Times of Health Care Crisis
  Legislation Supported by AARP and American Hospital Association
 
(Washington D.C.)- Congressman Sander Levin (D-MI) today introduced bi-partisan legislation with Rep. Michael Castle (R-DE) to help strengthen procedures to encourage individuals to create advanced medical plans to direct health care decisions during times of medical emergency or serious illness.  The bill, The Advance Directive Promotion Act of 2008, is designed to make more Americans aware of advance directives (which include a living will stating an individual’s preference for medical care and a power of attorney for this care) and provide the opportunity for them to discuss them with a physician and ensure they are honored throughout the country.

Rep. Levin introduced with Senators Danforth and Moynihan the first Patient Self-Determination Act which became law in 1991.  This law required all Medicare and Medicaid provider organizations, including hospitals, nursing facilities, home health agencies, and hospices to provide written information to patients at the time of admission concerning an individual’s right under State law to make decisions concerning medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.  It also required these organizations to provide written information to patients with respect to advance directives.  But even with laws like the Patient Self Determination Act in place, only about 29 percent of Americans currently have a living will.

“With our sprawling health care system, the government must create procedures to encourage individuals, their families, and their doctors to discuss the type of medical care they would like to receive well in advance of a crisis situation” said Levin.  “We then have a responsibility to ensure that those directives are honored.”

AARP and the American Hospital Association (AHA) have endorsed the legislation. 

“End-of-life planning is an emotionally taxing time for any family, but this bipartisan legislation will help to lessen that burden,” said AARP CEO Bill Novelli.  “Additional coverage and education for end-of-life planning will empower individuals to learn about their options and effectively communicate their decisions to loved ones and caregivers.  Making advance directives more portable will finally allow these documents to keep up with today’s active older Americans, both at home and on the road.  We applaud Reps. Levin and Castle for their leadership on this issue, and we look forward to working with them to pass this vital bill.”

“The American Hospital Association and our nearly 5,000 member hospitals are fully behind this timely and needed legislation,” said Rick Pollack, AHA Executive Vice President.  “The best way for people to retain control of their medical care as they face serious illness is to record their preferences in advance and share their decisions with their physicians and loved ones.  This legislation would help provide people with needed resources and information for having these important discussions and making important health care decisions.”

The Advance Directive Promotion Act would:

  • Require those providers that are currently required to provide written information regarding advance directives to also provide the opportunity for patients to discuss advance directives with an appropriately trained professional;
  • Amend the Medicare program so that in the initial preventative physical exam that all beneficiaries receive a discussion about advance directives is included;
  • Require the Agency of Health and Human Services to conduct a national public education campaign to raise public awareness of the importance of planning for care in advance of a medical emergency or serious illness;
  • Establish a national, toll-free information clearinghouse for the public to find out about state-specific information on advance directives, and;
  • Require service providers to honor advance directives validly executed in other states.

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