The Centers for Medicare & Medicaid Services, in the March 8, 2013 S & C 13-16 NH, revised the Interpretative Guidelines for F-Tag 155 (“Advance Directives”) in Appendix PP of the State Operations Manual. This memorandum updates S & C 12-47.
The revisions update the following guidelines to ensure facilities’ compliance:
- Develop and maintain policies and procedures regarding residents’ rights to accept or refuse treatment and to formulate an advance directive.
- Inform and educate residents of these rights and the facility’s related policies and the right to decline to participate in experimental research.
- Assist residents in exercising these rights.
- Incorporate the residents’ choices regarding these rights into their treatment, care and services.
- Adds a definition for Investigational or Experimental Drugs.
A facility’s failure to obtain, document and adhere to a resident’s choices related to life-sustaining treatments can result in citations of Immediate Jeopardy (“IJ”). For example, utilizing feeding tubes, artificial nutrition and hydration or hospitalization that conflicts with a resident’s advance directives could result in an IJ citation.
For additional information, click here.
If you have questions or concerns regarding the foregoing or would like additional information, please contact Todd Selby at tselby@wp.hallrender.com or 317.977.1440, Brian Jent at bjent@wp.hallrender.com or 317.977.1402, David Bufford at dbufford@wp.hallrender.com or 502.568.9368 or your regular Hall Render attorney.
