S. 5219: Compassionate Care Act

The bill, called the Compassionate Care Act, would expand federal efforts around end-of-life planning and care. It focuses on helping patients make and record medical decisions in advance, training health care workers on how to discuss those decisions, and studying whether the country should move toward more uniform rules for advance directives.

What the bill would do

• It defines key terms related to advance care planning, such as advance directives, living wills, health care agents, and orders for life-sustaining treatment.
• It states that advance care planning should involve the patient and relevant decisionmakers, be documented and updated, and allow for flexible decisions based on the medical situation.
• It directs the federal government to run a national public education campaign explaining the importance of advance care planning and a person’s right to make health care decisions.
• That campaign would use multiple media channels, provide information in culturally and linguistically appropriate ways, continue for at least five years, and include information about hospice and palliative care.
• It requires the Department of Health and Human Services to create or expand a public website for health care providers with information and tools on advance care planning, including how to integrate documents into electronic health records and how to talk with patients about end-of-life care.
• It creates a pilot grant program for medical, nursing, social work, physician assistant, and related training programs to add or expand end-of-life care training, including palliative care, hospice, communication skills, and cultural competency.
• It requires development of core quality measures for end-of-life care across different health care settings, with reporting beginning later on.
• It directs HHS to develop or enhance continuing education curricula that states may use for qualified health care providers.
• It makes a telehealth-related hospice rule permanent, allowing certain face-to-face hospice recertification encounters to be done by telehealth beyond the emergency period.
• It also expands telehealth use for advance care planning services by removing geographic restrictions for those services starting in 2026.

Studies and reports

• The Secretary of Health and Human Services would study barriers to creating a national uniform policy on advance directives, including whether an optional national form could work across states.
• GAO would study whether a national registry for advance directives is feasible, considering privacy rules.
• The bill also directs studies on how electronic health record systems could better store and share advance care planning documents, and on demonstration programs for electronic signatures, electronic witness authentication, and electronic notarization for advance directives.
• Another study would look at medical care, tests, surgeries, drugs, and other services provided and paid for that were not consistent with the patient’s or authorized agent’s preference.

Federal funding and administration

• Several sections authorize “such sums as may be necessary,” meaning Congress would have to appropriate funding if the programs are to be carried out.
• Some older Medicaid-related language would be repealed as part of the bill’s changes.

Relevant Companies

None found