Advance Directives Sample Clauses
Advance Directives. When applicable, Provider shall comply with the advance directives requirements for hospitals, nursing facilities, providers of home and health care and personal care services, hospices, and HMOs as specified in 42 CFR Part 489, subpart I, 42 CFR § 417.436(d), 42 CFR § 422.128, and 42 CFR 438.3(i).
Advance Directives. The MCP shall:
a. Maintain written policies and procedures that meet the requirements for advance directives, as set forth in 42 CFR Part 489 Subpart I.
b. Maintain written policies and procedures concerning advance directives with respect to all adult individuals receiving medical and/or behavioral health care by or through the MCP to ensure the MCP:
i. Provides written ODM-approved information to all adult members concerning:
1. The member’s rights under state law to make decisions concerning his or her medical and/or behavioral health care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
2. The MCP’s policies concerning the implementation of those rights including a clear and precise statement of any limitation regarding the implementation of advance directives as a matter of conscience;
3. Any changes in state law regarding advance directives as soon as possible, but no later than 90 calendar days after the proposed effective date of the change; and
4. The right to file complaints concerning noncompliance with the advance directive requirements with the Ohio Department of Health.
ii. Provides for education of staff concerning the MCP’s policies and procedures on advance directives;
iii. Provides for community education regarding advance directives directly or in concert with other providers or entities;
iv. Requires that the member’s medical record document whether or not the member has executed an advance directive; and
v. Does not condition the provision of care, or otherwise discriminate against a member, based on whether the member has executed an advance directive.
Advance Directives. A. For purposes of this contract, advance directives means a written instruction, such as a living will or durable power of attorney for health care, recognized under California law, relating to the provision of health care when the individual is incapacitated. (42 C.F.R. § 489.100.)
B. The Contractor shall maintain written policies and procedures on advance directives, which include a description of applicable California law. (42 C.F.R. §§ and 438.3(j)(1)-(3), 422.128). Any written materials prepared by the Contractor for beneficiaries shall be updated to reflect changes in state laws governing advance directives as soon as possible, but no later than 90 days after the effective date of the change. (42 C.F.R. § 438.3(j)(4).)
C. The Contractor shall provide adult beneficiaries with the written information on advance directives. (42 C.F.R. § 438.3(j)(3).)
D. The Contractor shall not condition the provision of care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive. (42 C.F.R. §§ 422.128(b)(1)(ii)(F), 438.3(j).)
E. The Contractor shall educate staff concerning its policies and procedures on advance directives. (42 C.F.R. §§ 422.128(b)(1)(ii)(H), 438.3(j).)
Advance Directives. Medical Group shall document all Secure Horizons Member patient records with respect to the existence of an Advance Directive in compliance with the Patient Self-Determination Act (Section 4751 of the Omnibus Reconciliation Act of 1990), as amended, and other appropriate laws. For purposes of this Agreement, an Advance Directive is a Member’s written instructions, recognized under State law, relating to the provision of health care when the Member is not competent to make health care decisions as determined under State law. Examples of Advance Directives are living xxxxx and durable powers of attorney for health care.
Advance Directives. Information concerning a member’s right to formulate, at the member’s option, advance directives including a description of applicable state law shall be provided to the member no later than the effective date of coverage.
Advance Directives. It is the policy of the FACILITY to ask all prospective residents if they have executed any “advance directives.” Advance directives can include a health care power of attorney, a living will, or other documents which describe the amount, level or type of health care the Resident would want to receive at a time when the Resident can no longer communicate those decisions to a doctor or other health professional. It also includes documents in which the Resident names another person who has the legal authority to make health care decisions for the Resident. If the Resident has executed any such documents, or if the Resident executes any such documents while living at the FACILITY, it is the Resident’s responsibility to advise the FACILITY’s staff of these documents, and to provide copies to the FACILITY. If the Resident has such documents, and has provided copies of them to the FACILITY, the FACILITY will provide copies of the documents to other health care professionals who may be called to assist the Resident with his/her health care needs. If the
Advance Directives. Federal and state law require HMOs and providers to maintain written policies and procedures for informing all adult Members 18 years of age and older about their rights to refuse, withhold or withdraw medical treatment and mental health treatment through advance directives (see Social Security Act §1902(a)(57) and §1903(m)(1)(A)). The HMO’s policies and procedures must include written notification to Members and comply with provisions contained in 42 C.F.R. § 489, Subpart I, relating to advance directives for all hospitals, critical access hospitals, skilled nursing facilities, home health agencies, providers of home health care, providers of personal care services and hospices, as well as the following state laws and rules:
1. A Member’s right to self-determination in making health care decisions;
Advance Directives. All MCPs must comply with the requirements specified in 42 CFR 422.128. At a minimum, the MCP must:
a. Maintain written policies and procedures that meet the requirements for advance directives, as set forth in 42 CFR Subpart I of part 489 (42 CFR 489.100—489.104).
b. Maintain written policies and procedures concerning advance directives with respect to all adult individuals receiving medical care by or through the MCP to ensure that the MCP:
i. Provides written ODM-approved information to all adult members concerning:
a. The member’s rights under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
b. The MCP’s policies concerning the implementation of those rights including a clear and precise statement of any limitation regarding the implementation of advance directives as a matter of conscience;
c. Any changes in state law regarding advance directives as soon as possible, but no later than ninety (90) days after the proposed effective date of the change; and
d. The right to file complaints concerning noncompliance with the advance directive requirements with the Ohio Department of Health.
ii. Provides for education of staff concerning the MCP’s policies and procedures on advance directives;
iii. Provides for community education regarding advance directives directly or in concert with other providers or entities;
iv. Requires that the member’s medical record document whether or not the member has executed an advance directive; and
v. Does not condition the provision of care, or otherwise discriminate against a member, based on whether the member has executed an advance directive.
Advance Directives. Federal and state laws require MCOs and providers to maintain written policies and procedures for informing all adult Members 18 years of age and older about their rights to refuse, withhold or withdraw medical treatment and mental health treatment through advance directives (see Social Security Act §1902(a)(57) and §1903(m)(1)(A)). The MCO’s policies and procedures must include written notification to Members and comply with provisions contained in 42 C.F.R. § 489, Subpart I, relating to advance directives for all Hospitals, critical access Hospitals, skilled nursing facilities, home health agencies, providers of home health care, providers of personal care services and hospices. The MCO’s policies and procedures must comply with state laws and rules regarding:
1. a Member’s right to self-determination in making health care decisions;
Advance Directives. Providers that are hospitals, nursing facilities, home health agencies, hospices, or organizations responsible for providing personal care, as well as PCPs that contract with any of the above entities, shall comply with federal (i.e. 42 CFR Part 49, subpart I, 42 CFR § 417.436(d), 42 CFR § 422.128, and 42 CFR 438.3(i)) and State law regarding advance directives for adult Covered Persons. Such requirements include the following:
i) Maintaining written policies that address the rights of adult Covered Persons to make decisions about medical care, including the right to accept or refuse medical care, and the right to execute an advance directive. If the Provider has a conscientious objection to carrying out an advance directive, it must be explained in the policies. A health care provider is not prohibited from making such objection when made pursuant to A.R.S. § 36- 3205(C)(1).
ii) Providing written information to adult Covered Persons regarding each individual’s rights under State law to make decisions regarding medical care, and the Provider’s written policies concerning advance directives (including any conscientious objections).
iii) Documenting in the Covered Person’s medical record whether or not the adult Covered Person has been provided the information and whether an advance directive has been executed. Providers that are hospitals, nursing facilities, home health agencies, hospices, or organizations responsible for providing personal care shall make an effort to provide a copy of a Covered Person’s advance directive, or documentation of refusal, to the Covered Person’s PCP for inclusion in the Covered Person’s medical record.
xx) Not discriminating against a Covered Person because of his or her decision to execute or not execute an advance directive, and not making it a condition for the provision of care.
v) Providing education to staff on issues concerning advance directives, including notification of direct care providers of services, such as home health care and personal care, of any advance directives executed by Covered Persons to whom they are assigned to provide services.