Scott Betzelos, Remedios C. Lazaga, Emelin Tan, Maya C. Richardson
HCS/578 - Ethical, Legal, and Regulatory Issues in Health Care
November 28, 2011
Susan M. Kajfasz
Patient Self-Determination Act Project – Advance Directives Congress enacted the Patient Self-Determination Act, a healthcare policy, as part of the Omnibus Reconciliation Act signed by President Bush in 1990. The act went into effect in 1991(Nathanson, 1997). According to Nathanson (1997), the law intends to protect the patient’s right to make his or her own decisions through advanced directives. Advance directives designate another person to make decisions for him or her should a patient lose his or her decision-making capacity. The Medicare and Medicaid programs established a requirement that health care providers must acknowledge the law through the implementation of written policies and procedures that illustrate the patient’s rights (Nathanson, 1997). Therefore, it is the responsibility of the health care professional to comply ethically and legally according to the policies dictated by the organization. Nathanson (1997) interpretation of the law asserts that the patient must receive advice and written information about advanced directives illustrating his or her right to accept or refuse medical treatment. The Patient Self-Determination Act requirement ensures that health care professionals receive education and training that is appropriate and in subordination with the specific laws, regulations, organizational policies, and procedures. The Act requires each state to furnish health care providers and agencies with a description of the law. The Act also requires providers to give their patients information through various forms of media such as the policy of Concerned Home Care, Incorporated, (Concerned Home Care, Inc, 2011). How does this agency’s policy influence your professional work?
The Advanced Directive
References: Burkhardt, M. A., & Nathaniel, A. K. (2008). Ethics and issues in contemporary nursing (3rd ed.). Mason, OH: Delmar Cengage Learning. Concerned Home Care, Inc., (2011). Concerned Home Care Policy and Procedure Manual Harbor Beach, MI.: . Miller, A. R., & Tucker, C. (2009). Privacy protection and technology diffusion: The case of electronic medical records. Management Science, 55(7), 1077-1093. Nathanson, M.D. (1997). Home Health Care Law Manual (5th ed.). Gaithersburg, MD.: Aspen Publication. Appendix I: Advance Directives for Concerned Home Care, Inc. [pic]