Advance Directives - Senior Plans

Members of HMSA's Medicare-based plans receive educational materials that explain their right to accept or refuse treatment and to execute an advance directive, such as a living will or a durable power of attorney. Contracting Providers agree to cooperate with HMSA in its efforts to inform and educate members of its Medicare-based plans regarding advance directives.

Under state law, a physician who is aware of a patient's living will must follow as closely as possible the terms of the advance directive if the patient has a terminal condition or is permanently unable to communicate medical treatment decisions due to irreversible brain injury or coma.

Medicare requires advance directives to be documented in the medical records of members of Medicare-based plans. Physicians have responsibility for communicating a member's advance directive to the attending staff at hospitals or other care facilities or agencies.

Contracting Providers cannot condition treatment or discriminate against members of Medicare-based plans based on whether a member has executed an advanced directive.

Requirements related to advance directives are not limited to directives concerning medical care at the end of a member's life. Contracting Providers must also comply with other forms of members' instructions, such as psychiatric advance directives.

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