[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1549 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1549

To amend title XVIII of the Social Security Act to provide for advanced 
illness care coordination services for Medicare beneficiaries, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2015

  Mr. Warner (for himself, Mr. Isakson, Ms. Baldwin, Mrs. Capito, Ms. 
 Collins, and Ms. Klobuchar) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to provide for advanced 
illness care coordination services for Medicare beneficiaries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Care Planning Act 
of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Improvement of advanced illness planning and coordination.
Sec. 4. Quality measurement development.
Sec. 5. Inclusion of advance care planning materials in the Medicare & 
                            You handbook.
Sec. 6. Improvement of policies related to the use and portability of 
                            advance directives.
Sec. 7. Additional requirements for facilities.
Sec. 8. Grants for increasing public awareness of advance care planning 
                            and advanced illness care.
Sec. 9. Rule of construction.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The population of the United States is estimated to age 
        rapidly, with the number of people over the age of 65 set to 
        double to more than 72,000,000, or 1 in 5 Americans, over the 
        next two decades.
            (2) Americans today are living longer and healthier lives 
        than ever before in the history of the United States yet are 
        also facing increased incidence of multiple serious conditions 
        as aging progresses.
            (3) Americans with advanced illness face a complicated and 
        fragmented system of care delivery that puts them at risk for 
        repeat hospitalizations, adverse drug reactions, and 
        conflicting medical advice that may be overwhelming to 
        individuals and families.
            (4) The progression of advanced illness leads to the need 
        for increasingly intensive decision support, health care 
        services, and support from family caregivers.
            (5) The complexity of care needed by individuals with 
        advanced illness may result in uncoordinated care, adverse 
        health outcomes, frustration, wasted time, and undue emotional 
        burdens on individuals and their family caregivers.
            (6) Numerous private sector leaders, including hospitals, 
        health systems, home health agencies, hospice programs, long-
        term care providers, employers, and other entities, have put in 
        place innovative solutions to provide more comprehensive and 
        coordinated care for Americans living with advanced illness.
            (7) Hospice programs, as one of the longest standing 
        Medicare care coordination benefits that offer a comprehensive 
        set of services via an interdisciplinary team working to 
        provide person- and family-centered care to the frailest and 
        most vulnerable individuals in our communities, can serve as a 
        model for advanced illness care delivery.
            (8) Palliative care programs that serve patients beginning 
        at diagnosis with advanced illness and provide care designed to 
        reduce the symptom burden of illness can serve as a model for 
        interdisciplinary team care planning based on the individual's 
        goals of care.
            (9) The Government of the United States, as the Nation's 
        largest purchaser of health care services, must learn from 
        these innovators and encourage health care providers to furnish 
        more supportive and comprehensive advanced illness care to 
        improve the efficacy and quality of health care delivered for 
        generations of Americans to come.
            (10) Health care providers who serve individuals with 
        advanced illness face complicated care systems and legal 
        concerns that may result in over- or under-treatment of 
        individuals with advanced illness.
            (11) Individuals have the well-established right to accept 
        or reject medical treatment that is offered, as well as the 
        well-established right to document their preferences for how 
        treatment decisions should be made if, at some point in the 
        future, they lose the ability to make health care decisions.
            (12) Too often, individuals with advanced illness do not 
        understand the conditions they are facing or their treatment 
        options, and they do not receive the information or support 
        they need to evaluate treatment options in light of their 
        personal goals and values and to document treatment plans in a 
        manner that allows providers and facilities to follow their 
        plans.
            (13) Providing quality services and planning support to 
        individuals with advanced illness will protect and preserve 
        their dignity.

SEC. 3. IMPROVEMENT OF ADVANCED ILLNESS PLANNING AND COORDINATION.

    (a) Medicare Coverage of Planning Services.--
            (1) Coverage.--Section 1861(s)(2) of the Social Security 
        Act (42 U.S.C. 1395x(s)(2)) is amended--
                    (A) in subparagraph (EE), by striking ``and'' at 
                the end;
                    (B) in subparagraph (FF), by inserting ``and'' at 
                the end; and
                    (C) by inserting after subparagraph (FF) the 
                following new paragraph:
                    ``(GG) planning services (as defined in subsection 
                (iii));''.
            (2) Services described.--Section 1861 of the Social 
        Security Act (42 U.S.C. 1395x) is amended by adding at the end 
        the following new subsection:

                          ``Planning Services

    ``(iii)(1)(A) The term `planning services' means a voluntary 
decisionmaking process that includes the elements described in 
paragraph (2) and is furnished to a planning services eligible 
individual by an applicable provider through an interdisciplinary team.
    ``(B)(i) Except as provided in clause (ii), planning services may 
only be furnished to a planning services eligible individual under this 
title once in each 12-month period.
    ``(ii) The Secretary shall establish appropriate exceptions to the 
frequency limitation under clause (i), such as when there is a change 
in the individual's medical condition.
    ``(2)(A) The elements described in this paragraph are the 
following:
            ``(i) One or more face-to-face encounters between one or 
        more members of the interdisciplinary team and the individual 
        and, at the individual's discretion, family caregivers, or, for 
        an individual who lacks decisionmaking capacity under State 
        law, the individual's legally authorized representative.
            ``(ii) The provision of information about the typical 
        trajectory of illnesses or conditions that affect the 
        individual, including foreseeable care decisions that may need 
        to be made at a future time when the individual is likely to be 
        unable to make decisions due to temporary or permanent 
        cognitive incapacity.
            ``(iii) Assisting the individual in defining and 
        articulating goals of care, values, and preferences.
            ``(iv) Providing the individual with and discussing 
        information about the benefits and burdens of relevant ranges 
        of treatment options available to the individual, including 
        disease modifying or potentially curative treatment, palliative 
        care, which may be provided alone or in conjunction with 
        disease modifying treatment, and, when the individual may be 
        currently eligible or may become eligible for hospice care due 
        to disease progression.
            ``(v) Assisting the individual in evaluating treatment 
        options and approaches to care to identify those that most 
        closely align with the individual's goals of care, values, and 
        preferences.
            ``(vi) Preparing, and sharing with relevant providers, 
        documentation--
                    ``(I) that states the individual's goals of care, 
                preferences, and values, preferred decisionmaking 
                strategies, and a plan of care that is concrete and 
                actionable; and
                    ``(II) that is in State or locally recognized forms 
                that are used for the purpose of assuring that 
                providers can follow the plan across care settings, 
                such as advance directives or portable treatment 
                orders.
            ``(vii) Referrals to providers, including medical and 
        social service providers, who deliver care consistent with the 
        plan.
            ``(viii) Providing culturally and educationally appropriate 
        training for the individual and family caregivers to support 
        their ability to carry out the plan.
    ``(B) Even when the individual's decisional capacity is impaired 
and another person or entity, such as an appointed agent, proxy, or 
surrogate, is exercising legal authority under State law governing 
decisionmaking on behalf of incapacitated individuals, the 
interdisciplinary team shall make a reasonable attempt to include the 
individual in the planning process.
    ``(3) For purposes of this subsection, the term `planning services 
eligible individual' means an individual that meets at least one of the 
following criteria:
            ``(A) The individual is diagnosed with metastatic or 
        locally advanced cancer.
            ``(B) The individual is diagnosed with Alzheimer's disease 
        or another progressive dementia.
            ``(C) The individual is diagnosed with late-stage 
        neuromuscular disease.
            ``(D) The individual is diagnosed with late-stage diabetes.
            ``(E) The individual is diagnosed with late-stage kidney, 
        liver, heart, gastrointestinal, cerebrovascular, or lung 
        disease.
            ``(F) The individual needs assistance with two or more 
        activities of daily living (defined as bathing, dressing, 
        eating, getting out of bed or a chair, mobility, and toileting) 
        not associated with an acute or post-operative conditions that 
        are caused by one or more serious or life threatening illnesses 
        or frailty.
            ``(G) The individual meets other criteria determined 
        appropriate by the Secretary, including criteria that are 
        designed to identify individuals with a need for planning 
        services due to a serious or life threatening illness or risk 
        of decline in cognitive function over time.
    ``(4) For purposes of this subsection, the term `applicable 
provider' means a hospice program (as defined in section 1861(dd)(2)) 
or other provider of services (as defined in section 1861(u)) or 
supplier (as defined in section 1861(d)) that--
            ``(A) furnishes planning services through an 
        interdisciplinary team; and
            ``(B) meets such other requirements the Secretary may 
        determine to be appropriate.
    ``(5)(A) For purposes of this subsection, the term 
`interdisciplinary team' means a group that--
            ``(i) includes the personnel described in subsection 
        (dd)(2)(B)(i);
            ``(ii) may include a chaplain, minister, or personal 
        religious or spiritual advisor;
            ``(iii) may include other direct care personnel; and
            ``(iv) meets requirements that may be established by the 
        Secretary.
    ``(B) An applicable provider furnishing planning services to a 
planning services eligible individual shall offer to the individual (or 
the individual's legally authorized representative when the individual 
has been found to lack decisional capacity) the opportunity to select 
either a chaplain affiliated with the provider, a minister, or personal 
religious or spiritual advisor who can help to represent the 
individual's goals, values, and preferences to serve as a core team 
member at the individual's (or legally authorized representative's) 
request.
    ``(C) The requirements established by the Secretary under 
subparagraph (A)(ii) shall include a requirement that interdisciplinary 
team members (except for the chosen chaplain, minister, or personal 
religious or spiritual advisor) have training and experience in 
delivering person-directed planning services and in team-based delivery 
of services for individuals with dementing illness and individuals with 
a serious or life threatening illness.''.
            (3) Payment under physician fee schedule.--Section 
        1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) 
        is amended by inserting ``(2)(GG),'' after ``(2)(FF) (including 
        administration of the health risk assessment),''.
            (4) Frequency limitation.--Section 1862(a) of the Social 
        Security Act (42 U.S.C. 1395y(a)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (O), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (P) by striking the 
                        semicolon at the end and inserting ``, and''; 
                        and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(Q) in the case of planning services (as defined 
                in section 1861(iii)(1)), which are furnished more 
                frequently than is covered under subparagraph (B) of 
                such section;''; and
                    (B) in paragraph (7), by striking ``or (P)'' and 
                inserting ``(P), or (Q)''.
            (5) Effective date.--The amendments made by this subsection 
        shall apply to services furnished on or after January 1, 2017.
    (b) Advanced Illness Care Coordination Services Project.--Section 
1115A(b)(2) of title XI of the Social Security Act (42 U.S.C. 
1315a(b)(2)) is amended--
            (1) in subparagraph (A), by adding at the end the following 
        new sentence: ``The models selected under this subparagraph 
        shall include the model described in subparagraph (D) and such 
        model shall be implemented by not later than December 31, 
        2017.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Advanced illness care coordination services 
                model.--
                            ``(i) Model.--
                                    ``(I) In general.--The model 
                                described in this subparagraph is a 
                                model under which payments are made to 
                                applicable providers that furnish 
                                advanced illness care coordination 
                                services to eligible individuals.
                                    ``(II) Requirement.--At least one 
                                applicable provider selected for 
                                participation under the model shall be 
                                a hospice program (as defined in 
                                section 1861(dd)(2)).
                            ``(ii) Applicable provider.--In this 
                        subparagraph, the term `applicable provider' 
                        has the meaning given such term in section 
                        1861(iii)(4).
                            ``(iii) Advanced illness care coordination 
                        services.--In this subparagraph, the term 
                        `advanced illness care coordination services' 
                        means the following services:
                                    ``(I) Planning services (as defined 
                                in section 1861(iii)).
                                    ``(II) A multi-dimensional 
                                assessment of the individual's 
                                strengths and limitations.
                                    ``(III) An assessment of the 
                                individual's formal and informal 
                                supports, including family caregivers.
                                    ``(IV) Comprehensive medication 
                                review and management (including, if 
                                appropriate, counseling and self-
                                management support).
                                    ``(V) In-home supportive services 
                                for the eligible individual and family 
                                caregivers consistent with the care 
                                plan.
                                    ``(VI) 24-hour access to emergency 
                                support in person or via telephone or 
                                telemedicine with the individual's 
                                medical record and care plan available 
                                to the responder.
                                    ``(VII) Coordination across health 
                                care and social service systems, 
                                including involvement of the 
                                interdisciplinary team to evaluate 
                                quality and address concerns over time.
                                    ``(VIII) Such other services as 
                                specified by the Secretary.
                            ``(iv) Eligible individual.--In this 
                        subparagraph, the term `eligible individual' 
                        means an individual who--
                                    ``(I) is entitled to, or enrolled 
                                for, benefits under part A of title 
                                XVIII and enrolled under part B of such 
                                title, but not enrolled under part C of 
                                such title; and
                                    ``(II) has the need for assistance 
                                with two or more activities of daily 
                                living (defined as bathing, dressing, 
                                eating, getting out of bed or a chair, 
                                mobility, and toileting) that is not 
                                associated with an acute or post-
                                operative condition that is caused by 
                                one or more serious or life threatening 
                                conditions or frailty.''.

SEC. 4. QUALITY MEASUREMENT DEVELOPMENT.

    (a) In General.--Section 931(c)(2) of the Public Health Service Act 
(42 U.S.C. 299b-31(c)(2)) is amended--
            (1) by redesignating subparagraphs (I) and (J) as 
        subparagraphs (L) and (M), respectively; and
            (2) by inserting after subparagraph (H) the following new 
        subparagraphs:
                    ``(I) the process of eliciting and documenting 
                patient (and, where relevant and appropriate, family 
                caregiver) goals, preferences, and values from the 
                patient or from a legally authorized representative, 
                including the articulation of goals that accurately 
                reflect how the patient wants to live;
                    ``(J) the effectiveness, patient-centeredness (and, 
                where relevant, family caregiver-centeredness), and 
                accuracy of care plans, including documentation of 
                individual goals, preferences, and values;
                    ``(K) agreement and consistency among--
                            ``(i) the patient's goals, values, and 
                        preferences;
                            ``(ii) any documented care plan;
                            ``(iii) the treatment delivered; and
                            ``(iv) outcomes of treatment;''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Health and Human Services to carry out 
the amendments made by this section, $5,000,000 for fiscal year 2016. 
Amounts appropriated under the preceding sentence shall remain 
available until expended.

SEC. 5. INCLUSION OF ADVANCE CARE PLANNING MATERIALS IN THE MEDICARE & 
              YOU HANDBOOK.

    (a) In General.--Section 1804(a) of the Social Security Act (42 
U.S.C. 1395b-2(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by inserting after paragraph (3) the following new 
        paragraphs:
            ``(4) information on--
                    ``(A) care planning;
                    ``(B) how individual goals, values, and preferences 
                should be considered in framing a care plan; and
                    ``(C) a range of approaches for treating advanced 
                illness, including disease modifying options, 
                palliative care that supports individuals from the 
                onset of advanced illness and can be provided at the 
                same time as all other care types, and hospice care; 
                and
            ``(5) information on documentation options for care 
        planning or advance care planning, including advance directives 
        and portable treatment orders.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to notices distributed on or after January 1, 2017.

SEC. 6. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF 
              ADVANCE DIRECTIVES.

    (a) Medicare.--
            (1) In general.--Section 1866(f) of the Social Security Act 
        (42 U.S.C. 1395cc(f)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)(i)--
                                    (I) by inserting ``relevant'' after 
                                ``rights under''; and
                                    (II) by striking ``of the State'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating subparagraphs (C), 
                        (D), and (E) as subparagraphs (G), (H), and 
                        (I), respectively;
                            (iv) by inserting after subparagraph (A) 
                        the following new subparagraphs:
            ``(B) to request and document in a prominent part of the 
        individual's current medical record the content of (or a copy 
        of) an advance directive or portable treatment order;
            ``(C) to provide each individual with resources to assist 
        them in understanding the information provided to them pursuant 
        to subparagraph (A);
            ``(D) in the case of an individual with decisional capacity 
        under State law, to follow the individual's current treatment 
        instructions, as expressed in writing or through verbal or non-
        verbal communications;
            ``(E) in the case of an individual who lacks decisional 
        capacity--
                    ``(i) to follow treatment decisions in accordance 
                with current advance directives and portable treatment 
                orders that are valid under State law where the care is 
                delivered and the instructions provided by legally 
                authorized representatives in accordance with State 
                law; and
                    ``(ii) in the absence of a current advance 
                directive or portable treatment order that is valid 
                under State law where the care is delivered or 
                instructions provided by a legally authorized 
                representative in accordance with State law, to deliver 
                treatment based on credible evidence of the 
                individual's treatment preferences, goals, and values, 
                which evidence may include a current advance directive 
                or portable treatment order executed in another State;
            ``(F) that specify conditions or circumstances under which 
        an advance directive, portable treatment order, or treatment 
        directions from an individual or legally authorized 
        representative would not be followed;'';
                            (v) in subparagraph (H), as redesignated by 
                        subparagraph (C), by striking ``State law'' and 
                        all that follows through ``respecting'' and 
                        inserting ``this section and relevant State and 
                        Federal law respecting'';
                            (vi) in subparagraph (I), as redesignated 
                        by subparagraph (C), by inserting ``and 
                        portable treatment orders'' before the period 
                        at the end;
                            (vii) in the flush matter at the end, by 
                        striking ``(C)'' and inserting ``(G)''; and
                            (viii) by adding at the end the following 
                        new sentence: ``Nothing in subparagraph (D) or 
                        (E) shall be construed to apply to a request or 
                        directive ordering a sterilization or abortion 
                        or ordering withdrawal of treatment from a 
                        pregnant woman if continued treatment can 
                        reasonably be expected to bring her child to 
                        live birth.'';
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (C) by inserting after paragraph (2) the following 
                new paragraph:
    ``(3) Nothing in this section shall be construed to prohibit the 
application of a State law which allows for an objection on the basis 
of conscience for any health care provider or any agent of such 
provider which as a matter of conscience cannot implement an advance 
directive or portable treatment order.'';
                    (D) in paragraph (4), as redesignated by paragraph 
                (2)--
                            (i) by striking ``a written'' and inserting 
                        ``an'';
                            (ii) by striking ``State law'' and 
                        inserting ``State or Federal law''; and
                            (iii) by striking ``of the State'';
                    (E) by redesignating paragraph (5), as redesignated 
                by paragraph (2), as paragraph (6);
                    (F) by inserting after paragraph (4) the following 
                new paragraph:
    ``(5) In this subsection, the term `portable treatment order' means 
a treatment order designed to document a clinical process that includes 
shared, informed medical decisionmaking, that reflects the individual's 
goals of care and values, and that is designed to apply across care 
settings, including the home.''; and
                    (G) by inserting after paragraph (6), as 
                redesignated by paragraph (6), the following new 
                paragraph:
    ``(7) Nothing in this subsection shall permit the Secretary to seek 
civil penalties, including exclusion from participation in the program 
under this title or the program under title XIX, against a provider or 
organization if the provider or organization--
            ``(A) used reasonable efforts to deliver care that is 
        consistent with an individual's goals, preferences, and values 
        when addressing decisionmaking for an individual who lacks 
        decisional capacity; or
            ``(B) exercised its right of conscience in accordance with 
        paragraph (3).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to provider agreements and contracts entered into, 
        renewed, or extended under title XVIII of the Social Security 
        Act on or after such date as the Secretary of Health and Human 
        Services specifies, but in no case may such date be later than 
        1 year after the date of the enactment of this Act.
            (3) Rule of construction.--Nothing in the provisions of, or 
        the amendments made by, this subsection shall be construed to 
        require a provider of services or an organization to act in a 
        manner contrary to its religious or moral convictions.
    (b) Clarification With Respect to Advance Directives.--Paragraph 
(2) of section 7 of the Assisted Suicide Funding Restriction Act of 
1997 (42 U.S.C. 14406) is amended to read as follows:
            ``(2) to require any provider or organization, or any 
        employee of such a provider or organization, to follow or be 
        bound by a request from an individual or legally authorized 
        representative, an advance directive, or a portable treatment 
        order that directs the purposeful causing of, or the purposeful 
        assisting in causing, the death of any individuals, such as by 
        assisted suicide, euthanasia, or mercy killing.''.

SEC. 7. ADDITIONAL REQUIREMENTS FOR FACILITIES.

    (a) Requirements.--
            (1) In general.--Section 1866(a)(1) of the Social Security 
        Act (42 U.S.C. 1395cc(a)(1)) is amended--
                    (A) in subparagraph (V), by striking ``and'' at the 
                end;
                    (B) in subparagraph (W), as added by section 
                3005(1)(C) of the Patient Protection and Affordable 
                Care Act (Public Law 111-148), by redesignating such 
                subparagraph as subparagraph (X), moving such 
                subparagraph to follow subparagraph (V), moving such 
                subparagraph 2 ems to the left, and striking the period 
                at the end and inserting a comma;
                    (C) in subparagraph (W), as added by section 
                6406(b)(3) of the Patient Protection and Affordable 
                Care Act (Public Law 111-148), by redesignating such 
                subparagraph as subparagraph (Y), moving such 
                subparagraph to follow subparagraph (X), as added by 
                subparagraph (B), moving such subparagraph 2 ems to the 
                left, and striking the period at the end and inserting 
                ``, and''; and
                    (D) by inserting after subparagraph (Y) the 
                following new subparagraph:
            ``(Z) in the case of hospitals, skilled nursing facilities, 
        home health agencies, and hospice programs, to assure that 
        documented care plans include any advance directives or 
        portable treatment orders made while the individual received 
        care by the provider and that such plan is sent to the 
        individual's primary care provider upon discharge and any 
        facility to which the individual is transferred.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to agreements entered into or renewed on or after 
        January 1, 2017.
    (b) HHS Study and Report.--
            (1) Study.--The Secretary of Health and Human Services 
        shall conduct a study on the extent to which hospitals, skilled 
        nursing facilities, hospice programs, home health agencies, and 
        applicable providers of planning services under section 
        1861(iii) of the Social Security Act, as added by section 3(a), 
        work with individuals to--
                    (A) engage in a care planning process;
                    (B) thoroughly and completely document the care 
                planning process in the medical record;
                    (C) complete documents necessary to support the 
                treatment and care plan, such as portable treatment 
                orders and advance directives;
                    (D) provide services and support that is free from 
                discrimination based on advanced age, disability 
                status, or advanced illness; and
                    (E) provide documentation necessary to carry out 
                the treatment plan to--
                            (i) subsequent providers or facilities; and
                            (ii) the individual, their legally 
                        authorized representatives, and, where 
                        appropriate and relevant, their family 
                        caregiver.
            (2) Report.--Not later than January 1, 2020, the Secretary 
        of Health and Human Services shall submit to Congress a report 
        on the study conducted under paragraph (1) together with 
        recommendations for such legislation and administrative action 
        as the Secretary determines to be appropriate.

SEC. 8. GRANTS FOR INCREASING PUBLIC AWARENESS OF ADVANCE CARE PLANNING 
              AND ADVANCED ILLNESS CARE.

    (a) Material and Resources Development.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') is 
        authorized to award grants to entities described in subsection 
        (d) to develop online training modules, decision support tools, 
        and instructional materials for individuals, family caregivers, 
        and health care providers that include--
                    (A) for healthy individuals, the importance of--
                            (i) identifying an individual who will make 
                        treatment decisions in the event of future 
                        cognitive incapacity;
                            (ii) discussing values and goals relevant 
                        to catastrophic injury or illness; and
                            (iii) completing an advance directive 
                        that--
                                    (I) appoints a surrogate; and
                                    (II) documents goals and values and 
                                other information that should be 
                                considered in making treatment 
                                decisions;
                    (B) for individuals with advanced illness, the 
                importance of--
                            (i) articulating goals of care;
                            (ii) understanding prognosis and typical 
                        disease trajectory;
                            (iii) evaluating treatment options in light 
                        of goals of care;
                            (iv) developing a treatment plan; and
                            (v) documenting the treatment plan on 
                        advance directives, portable treatment orders, 
                        and other documentation forms used in the 
                        locality where the plan is to be executed;
                    (C) the role and effective use of State and other 
                advance directive forms and portable treatment orders; 
                and
                    (D) the range of services for individuals facing 
                advanced illness, including planning services, 
                palliative care, and hospice care.
            (2) Period.--Any grant awarded under paragraph (1) shall be 
        for a period of 3 years.
    (b) Establishment and Maintenance of Web- and Telephone-Based 
Resources.--
            (1) In general.--The Secretary is authorized to award 
        grants to entities described in subsection (d) to establish and 
        maintain a website and telephone hotline to disseminate 
        resources developed under subsection (a) and materials designed 
        by the Department of Health and Human Services Center for 
        Faith-Based and Neighborhood Partnerships for faith 
        communities.
            (2) Period.--Any grant awarded under paragraph (1) shall be 
        for a period of 5 years.
            (3) Ability to sustain activities.--The Secretary shall 
        take into account the ability of an entity to sustain the 
        activities described in paragraph (1) beyond the 5-year grant 
        period in determining whether to award a grant under paragraph 
        (1) to the entity.
    (c) National Public Education Campaign.--
            (1) In general.--The Secretary is authorized to award 
        grants to entities described in subsection (d) to conduct a 
        national public education campaign to raise public awareness of 
        advance care planning and advanced illness care, including the 
        availability of the resources created under subsections (a) and 
        (b).
            (2) Period.--Any grant awarded under paragraph (1) shall be 
        for a period of 5 years.
    (d) Eligible Entities.--Entities described in this subsection are 
public or private entities (including States or political subdivisions 
of a State, faith-based organizations, and religious educational 
institutions), or a consortium of any such entities.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary--
                    (A) for purposes of making grants under subsection 
                (a), $5,000,000 for fiscal year 2017, to remain 
                available until expended;
                    (B) for purposes of making grants under subsection 
                (b), $5,000,000 for fiscal year 2017, to remain 
                available until expended; and
                    (C) for purposes of making grants under subsection 
                (c), $5,000,000 for fiscal year 2017 to remain 
                available until expended.
            (2) Limitation.--None of the funds appropriated under 
        paragraph (1) shall be used to--
                    (A) develop a model advance directive;
                    (B) develop or employ a dollars-per-quality 
                adjusted life year (or similar measure that discounts 
                the value of a life because of an individual's 
                disability); or
                    (C) make a grant to a private entity that 
                advocates, promotes, or facilitates any item or 
                procedure for which funding is unavailable under the 
                Assisted Suicide Funding Restriction Act of 1997 
                (Public Law 105-12).

SEC. 9. RULE OF CONSTRUCTION.

    Nothing in the provisions of, or the amendments made by, this Act 
shall be construed to limit the restrictions of, or to authorize the 
use of Federal funds for any service, material, or activity pertaining 
to an item or service or procedure for which funds are unavailable 
under, the Assisted Suicide Funding Restriction Act of 1997 (Public Law 
105-12).
                                 <all>