[Congressional Record Volume 154, Number 42 (Wednesday, March 12, 2008)]
[Senate]
[Page S2008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Enzi, Mr. Wicker, Mr. Warner, and 
        Mr. Whitehouse):
  S.J. Res. 29. A joint resolution expressing Congressional support for 
the goals and ideals of National Health Care Decisions Day; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. WYDEN. Mr. President, it is not easy talking to a family member 
or loved one about what kind of medical care you'd want or not want at 
the end of your life. Yet every day family members are making medical 
care decisions for seriously ill people who cannot speak for 
themselves. Most family members with relatives who had executed advance 
directives find comfort in knowing that the hard decisions they may 
need to make about end-of-life care will reflect the wishes of the ill 
relative. End-of-life planning is a gift to the people who are 
important to you and to yourself.
  Americans are talking a lot more about the topic of advance 
directives than they used to and are also doing something about it by 
preparing written advance directives. Advance directives come in two 
main forms. The first is a ``health care power of attorney'' in which 
someone is designated to be your voice in health decisions if you can 
not speak for yourself. The second is a ``living will'' which states 
what types of medical care you would want or not want at the end of 
life. Most married people have had a conversation with a husband or 
wife about end of life medical care and most people have spoken with 
one or both older parents about the topic. Research has found that 
people who have had to make decisions about medical care at the end of 
life for others are more likely to make end of life plans for 
themselves. They have learned how important it is to make a plan. 
Congress helped to get the advance directives conversation going with 
the Patient Self-Determination Act. This law directed Medicare-
participating health care facilities to engage patient and staff in a 
discussion of end of life wishes. Since 1990 when the Patient Self-
Determination Act was passed, the percentage of Americans who have made 
a living will has more than doubled from 12 percent to 29 percent.
  Yet more conversation is needed. The National Health Care Decisions 
Day will help promote that conversation. National Health Care Decisions 
Day will be a 50-state annual event to increase knowledge and awareness 
of the importance of advance directives for all Americans. At this 
year's annual event on April 16, 2008, a coordinated series of 
activities across the U.S. will encourage Americans to discuss their 
wishes for end-of-life care and then fill out documents that reflect 
those wishes. The National Heath Care Decisions Day is supported by 
many of our distinguished local, state, and national health care 
organizations.
  This joint Senate-House resolution: supports the goals and ideals of 
National Health Care Decisions Day and the importance of advance care 
planning, encourages health care, civic, educational, religious and 
other organizations to encourage individuals to use advance directives, 
and asks all Americans, including members of Congress, to prepare 
advance directives for themselves. The Senate resolution is cosponsored 
by Senators Enzi, Wicker, Warner, and Whitehouse. A companion House 
resolution will be introduced by Congressman Phil Gingrey, M.D. I 
encourage my congressional colleagues to support this resolution. I 
also ask you to begin or continue the dialogue about end-of-life issues 
with family members and to complete written advance directives.
  Mr. President, I ask unanimous consent that the text of the joint 
resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 29

       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
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, 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.




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