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Title II — Reports, research, and evaluations

S. 4945 · 116th Congress · Dec 2, 2020 · Lineage

II Reports, research, and evaluations

201. Study and report by the Secretary regarding the establishment and implementation of a national uniform policy on advance directives

(a)
Study—
(1)
In general— The Secretary, acting through the Office of the Assistant Secretary for Planning and Evaluation, shall conduct a study to evaluate the barriers to establishing and implementing a national uniform policy on advance directives and what needs to be done to overcome those barriers.
(2)
Matters studied— The matters studied by the Secretary under paragraph (1) shall include issues concerning—
(A)
family satisfaction that a patient’s wishes, as stated in the patient’s advance directive, were carried out;
(B)
the usability, accessibility, interoperability, and portability of advance directives, including cases involving the transfer of an individual from one health care setting to another;
(C)
the feasibility of establishing an optional, national advance directive form deemed valid by any health care entity or qualified health care provider participating in Medicare, Medicaid, or CHIP, regardless of State law; and
(D)
State variations in advance directive laws that are relevant to the establishment and implementation of a national uniform policy of advance directives.
(b)
Report to Congress— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative actions as the Secretary considers appropriate.
(c)
Consultation— In conducting the study and developing the report under this section, the Secretary shall consult with relevant stakeholders and other interested parties.

202. GAO study and report on establishment of national advance directive registry; other studies

(a)
Study and report on establishment of national advance directive registry—
(1)
Study— The Comptroller General of the United States shall conduct a study on the feasibility of a national registry for advance directives, taking into consideration the constraints created by the privacy provisions enacted as a result of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191).
(2)
Report— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General of the United States determines to be appropriate.
(b)
ONC study— The National Coordinator of the Office of the National Coordinator for Health Information Technology shall conduct a study on the feasibility and impact on advance care planning of requiring that electronic health record vendors seeking certification have a prominent and easily visible field for storing and sharing advance care planning documents and related clinical notes.
(c)
ONC demonstration programs— The National Coordinator for Health Information Technology, in collaboration with the Director of the National Institute of Standards and Technology, shall initiate 2 demonstration programs to establish best practices and recommended standards to support—
(1)
usability, portability, and interoperability of advance directives that are accessible to individuals, clinicians, and other authorized individuals; and
(2)
the use of electronic signatures, electronic authentication of witnesses, and electronic notarization to effectuate advance directives.
(d)
Additional study— The Comptroller General of the United States shall conduct a study and submit a report to Congress on the incidence of health care, tests, surgeries, drugs, and other services paid provided by qualified health care providers and paid for by the Federal Government or the patient and that were not the preference of the patient or the authorized health care agent of the patient.