Dear Friends:

This month I introduced the Advance Directive Promotion Act of 2008, legislation designed to encourage individuals to create advanced medical plans to direct health care decisions during times of medical emergency or serious illness.

With our sprawling health care system, the government must create procedures to encourage individuals, their families, and their doctors to discuss the type of medical care they would like to receive well in advance of a crisis situation.  We then have a responsibility to ensure those directives are honored. 

The Advance Directive Promotion Act of 2008 has been endorsed by both the AARP and the American Hospital Association (AHA).  If passed, the act would require those individuals that are currently required to provide written information regarding advance directives to also provide the opportunity for patients to discuss advance directives with an appropriately trained professional, and amend the Medicare program so that in the initial preventative physical exam, advance directives are discussed with all beneficiaries. 

The act would also require the U.S. Department of Health and Human Services to conduct a national public education campaign to raise public awareness of the importance of planning for care in advance of a medical emergency or serious illness.  Furthermore, a national, toll-free information clearinghouse would be established for the public to find out about state-specific information on advance directives.

Over 15 years ago, I worked to pass the Patient Self Determination Act in 1991, which required all Medicare and Medicaid provider organizations, including hospitals, nursing facilities, home health agencies and hospices to provide written information to patients at the time of admission concerning an individual’s right under State law to make decisions concerning medial care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.  Even with the laws such as the Patient Self Determination Act in place, only about 29% of Americans currently have a living will.  That is why it so important that legislation is passed to encourage the use of advance directives so that more Americans spell out their wishes in advance and can maintain control of their medical care as they face serious illness. 

For more information, on these or other issues, please call my office at 586-498-7122 or visit my website at www.house.gov/levin.

Please be in touch,

Sandy