[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Senate]
[Page 5044]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 73--EXPRESSING CONGRESSIONAL SUPPORT FOR 
       THE GOALS AND IDEALS OF NATIONAL HEALTH CARE DECISIONS DAY

  Mr. WYDEN (for himself, Mr. Enzi, Mr. Wicker, Mr. Brown, and Mr. 
Whitehouse) submitted the following concurrent resolution; which was 
considered and agreed to:

                            S. Con. Res. 73

       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 (the House of Representatives 
     concurring), 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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