The Advance Directives regulation, or Patient Self-Determination Act (PSDA), was derived from the Omnibus Budget Reconciliation Act of 1990 (OBRA ‘90). This act requires all Medicare and Medicaid hospitals, nursing facilities, home health agencies and hospices to give patients information about their right to make their own health care decisions, including the right to accept or refuse medical or surgical treatment. This also includes the right to formulate Advance Directives (Declarations and/or Durable Powers of Attorney for Healthcare Decisions).
If you represent a licensed medical facility or health care provider receiving Medicare and/or Medicaid funding and would like more information about Civil Rights or Advanced Directives compliance, please contact the Division of Health Care Financing and Policy’s Recipient Civil Rights Officer.