Whereas
National Health Care Decisions Day is designed to raise public awareness of the
need to plan ahead for health care decisions related to end-of-life care and
medical decision-making whenever patients are unable to speak for themselves
and to encourage the specific use of advance directives to communicate these
important decisions;
Whereas
the Patient Self-Determination Act (42 U.S.C. 1395cc(f) et seq.) guarantees
patients the right to information about their rights under State law regarding
accepting or refusing medical treatment;
Whereas
it is estimated that only a minority of Americans have executed advance
directives, including those who are terminally ill or living with
life-threatening or life-limiting illnesses;
Whereas
advance directives offer individuals the opportunity to discuss with loved ones
in advance of a health care crisis and decide what measures would be
appropriate for them when it comes to end-of-life care;
Whereas
the preparation of an advance directive would advise family members, health
care providers, and other persons as to how an individual would want to be
treated with respect to health care;
Whereas
to avoid any legal or medical confusion due to the emotions involved in
end-of-life decisions, it is in the best interest of all Americans that each
person over the age of 18 communicate his or her wishes by creating an advance
directive;
Whereas
the Conditions of Participation in Medicare and Medicaid, section 489.102 of
title 42, Code of Federal Regulations (as in effect on the date of enactment of
this resolution), require all participating facilities to provide information
to patients and the public on the topic of advance directives;
Whereas
the Centers for Medicare & Medicaid Services has recognized that the use of
advance directives is tied to quality health care and has included discussions
of advance directives in the criteria of the Physician Quality Reporting
Initiative;
Whereas
establishing National Health Care Decisions Day will encourage health care
facilities and professionals as well as chaplains, attorneys, and others to
participate in a collective, nationwide effort to provide clear, concise, and
consistent information to the public about health care decision-making,
particularly advance directives; and
Whereas
as a result of National Health Care Decisions Day, recognized on April 16,
2008, more Americans will have conversations about their health care decisions,
more Americans will execute advance directives to make their wishes known, and
fewer families and health care providers will have to struggle with making
difficult health care decisions in the absence of guidance from the patient:
Now, therefore, be it
That Congress—
(1)supports the goals and ideals of National
Health Care Decisions Day;
(2)supports the goals and ideals of advance
care planning for all adult Americans;
(3)encourages each person in the United States
who is over the age of 18 to prepare an advance directive to assist his or her
loved ones, health care providers, and others as they honor his or her
wishes;
(4)calls upon all members of Congress to
execute such documents and discussions for themselves; and
(5)encourages health care, civic, educational,
religious, and for- and non-profit organizations to encourage individuals to
prepare advance directives to ensure that their wishes and rights with respect
to health care are protected.
Passed the Senate
April 3, 2008.
Nancy Erickson,
Secretary