The hospital or nursing home, health agency and HMO must provide you with information regarding Advance Health Care Directive
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In order to protect the rights of its citizens, Congress passed the Patient Self-Determination Act in 1991. This law makes it clear that you have the right to make decisions regarding your medical care including the right to accept or refuse treatment and the right to make an advance directive. The law also requires health care facilities/agencies to discuss advance health care directives with you as you enter their system.
Most hospitals, nursing homes, home health agencies, and HMO's are required by Federal Law to provide you with information regarding Advance Health Care Directive.
The Patient Self-Determination Act (PSDA) simply requires that most health care institutions (but not individual doctors) do the following:
(1) Give you at the time of admission a written summary of:
- Your health care decision-making rights (Each state has developed such a summary for hospitals, nursing homes, and home health agencies to use);
- the facility's policies with respect to recognizing advance directives.
(2) Ask you if you have an advance directive, and document that fact in your medical record if you do. (It is up to you to make sure they get a copy of it).
(3) Educate their staff and community about advance directives.
(4) Never discriminate against patients based on whether or not they have an advance directive. Thus, it is against the law for them to require either that you have or not have an advance directive.
To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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