118 HR 9237 IH: Compassionate Care Act U.S. House of Representatives 2024-08-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS2d Session H. R. 9237 IN THE HOUSE OF REPRESENTATIVES August 2, 2024 Ms. Barragán introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve end-of-life care.

1.

Short title

(a)

Short title

This Act may be cited as the Compassionate Care Act. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. TITLE I—Advance care planning Subtitle A—Consumer education Sec. 101. Advance care planning guidelines. Sec. 102. National public education campaign. Subtitle B—Provider education Sec. 111. Public provider advance care planning website. Sec. 112. Advance care curricula pilot program. Sec. 113. Development of core end-of-life care quality measures across each relevant provider setting. Sec. 114. Continuing education for qualified health care providers. Subtitle C—Medicare amendments Sec. 121. Permanent extension of authorization for use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care. Sec. 122. Improvements to advance care planning through telehealth. TITLE II—Reports, research, and evaluations Sec. 201. Study and report by the Secretary regarding the establishment and implementation of a national uniform policy on advance directives. Sec. 202. Gao study and report on establishment of national advance directive registry; other studies.

2.

Definitions

In this Act: (1)

Advance care planning

The term advance care planning means the process of discussion of care in the event that an individual is unable to make treatment decisions on their own behalf, clarification of related values and goals, and embodiment of preferences and decision making through written documents and medical orders. (2)

Advance directive

The term advance directive means a written or otherwise recorded instruction, such as a living will or durable power of attorney for health care, recognized under the law of the State in which it was executed (whether statutory or as recognized by the courts of the State) and relating to the provision of such care when the individual is incapacitated. (3)

Certified chaplain

The term certified chaplain means a member of clergy who has met the requirements under the Common Qualifications and Competencies for Professional Chaplains and has is board certified by a national chaplaincy organization. (4)

CHIP

The term CHIP means the State Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) (5)

End-of-life-care

The term end-of-life care means all aspects of care of a patient with a potentially fatal condition, and includes care that is focused on preparations for an impending death. (6)

Health care agent

The term health care agent means the person, designated in a health care power of attorney, who is selected to make medical decisions on behalf of the person who executed such power of attorney, in the case of incapacity of such person who executed the power of attorney. (7)

Health care power of attorney

The term health care power of attorney means a legal document that identifies the health care agent of the person executing such document. (8)

Living will

The term living will means a written document or a video statement about the kinds of medical care or other care a person does or does not want under certain specific conditions, in the event that such person no longer is able to express those wishes. (9)

Medicaid

The term Medicaid means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (10)

Medicare

The term Medicare means the program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (11)

Orders for life-sustaining treatment

The term orders for life-sustaining treatment means a set of portable medical orders (such as physician orders for life-sustaining treatment or similar portable medical orders) that address key medical decisions consistent with the patient’s goals of care and results from a clinical process designed to facilitate shared, informed medical decisionmaking and communication between qualified health care professionals and patients with serious, progressive illness or frailty. (12)

Qualified health care provider

The term qualified health care provider means a medical doctor, doctor of osteopathy, nurse, physician assistant, nurse practitioner, social worker, home health aide, palliative care professional, community health worker, community health educator, or individual in a similar position, as designated by the Secretary. (13)

Secretary

The term Secretary means the Secretary of Health and Human Services.