An advanced directive is a legal document that states a person’s wishes about receiving medical care if that person is no longer able to make medical decisions because of a serious illness or injury. An advance directive may also give a person (such as a spouse, relative, or friend) the authority to make medical decisions for another person when that person can no longer make decisions. This form will be provided to the patient upon request.
Policy and Procedures
To provide members with their right to have an advanced directive and to designate someone to make provisions for their health care decisions in the event they are unable to.
To educate the staff on Advanced Directives.
POLICY:
An advanced directive is a legal document that states a person’s wishes about receiving medical care if that person is no longer able to make medical decisions because of a serious illness or injury. An advance directive may also give a person (such as a spouse, relative, or friend) the authority to make medical decisions for another person when that person can no longer make decisions.
Serra Medical Group (SCMC) has written policies and procedures on Advanced Directives.
PROCEDURE:
- SCMC’s policies and procedures on Advanced Directives
- Allow a member’s representative to manage care or make treatment decisions when the member is incapacitated and unable to do so.
- SCMC complies with state law in regard to Advanced Directives.
- SCMC is not required to provide care that conflicts with the Advanced Directive.
- SCMC must allow a member or the member’s representative to be involved in decisions about withholding resuscitative services or declining/withdrawing life-sustaining treatment.
- An Advanced Directive can be annulled.
- SCMC has information describing the member’s rights to formulate advance directives and is provided to all adult members (defined as 18 years of age or older).
- SCMC will not refuse to treat or otherwise discriminate against a member who has completed an advance directive.
- New members are informed of advance directive policy at the initial visit.
- Advance directives are documented in the patient’s medical record.
- Patients have the right to be represented by parents, guardians, family members or other conservators of members who are unable to fully participate in their treatment decisions.
Medicare Advantage
1. SCMC ensures that any advanced directive (English or Spanish) executed by a member is brought to the immediate attention of the attending physician.
2. SCMC ensures that the advanced directive is filed with proper documentation within the EMR. Staff may locate status/execution of advanced directives within the Patient Data Tables under the Advanced Directives Tab.
3. Each physician at SCMC must honor advanced directives to the fullest extent permitted under California Law. Physicians are not required to provider care that conflicts with an advanced directive.
4. SCMC ensures that the member’s primary care physician (PCP), Attending physician or healthcare facility discusses with and provides medical advice to a member regarding advanced directives.
5. SCMC ensures that physicians do not condition the provision of care, or otherwise discriminate, based on whether an individual has executed an advanced directive.
6. SCMC provides education for participating providers and the community on advanced directives annually.
- Educational materials must define what constitutes an advanced directive and emphasize that an advanced directive is designed to enhance an incapacitated individual’s control over medical treatment.
- Educational materials must describe applicable state laws concerning advanced directives. Community education efforts must be documented.
7. SCMC must inform individuals that complaints concerning noncompliance with the advanced directive requirements may be filed with The California Department of Health Care Services (DHCS) for Cal MediConnect members and the State Survey and Certification Agency for Medicare Advantage (MA) members.
SMG will provide a copy of a policy upon request. You may call the UM Department at (818) 504-4569. Monday-Friday 8:30 am – 5:30 pm.
