Medicare Managed Care Manual (Pub. 100-16), Ch. 17f § 130.4
Content of Enrollee Information and Other Medicare cost plan
130.4 - Content of Enrollee Information and Other Medicare cost plan
Obligations
(Rev. 77, Issued: 10-28-05, Effective Date: 10-28-05)
The written information provided to enrollees must, at a minimum, include a description
of the Medicare cost plan’s written policies on advance directives including an
explanation of the following:
•
That the organization cannot refuse care or otherwise discriminate against an
individual based on whether or not the individual has executed an advance
directive;
•
The right to file a complaint about an organization’s noncompliance with advance
directive requirements, and where to file the complaint;
•
That the plan must document in a prominent part of the individual’s current
medical record whether or not the individual has executed an advance directive;
•
That the Medicare cost plan is required to comply with State law;
•
That the Medicare cost plan must educate its staff about its policies and
procedures for advance directives; and
•
That the Medicare cost plan must provide for community education regarding
advance directives.
If the Medicare cost plan cannot implement an advance directive as a matter of
conscience, it must issue a clear and precise written statement of this limitation. The
statement must include information that:
•
Explains the differences between institution-wide objections based on conscience
and those that may be raised by individual physicians;
•
Identifies the state legal authority permitting such objection; and
•
Describes the range of medical conditions or procedures affected by the
conscience objection.