Medicare Managed Care Manual (Pub. 100-16), Ch. 17f § 130.5
Incapacitated Enrollees
130.5 - Incapacitated Enrollees
(Rev. 77, Issued: 10-28-05, Effective Date: 10-28-05)
If an enrollee is incapacitated at the time of initial enrollment and is unable to receive
information due to an incapacitating condition, the Medicare cost plan may give advance
directive information to the enrollee’s family or surrogate.
The Medicare cost plan is not relieved of its obligation to provide this information to the
enrollee once he or she is no longer incapacitated or unable to receive such information.
Follow-up procedures must be in place to ensure that the information is given to the
individual directly at the appropriate time.