Haw. Code R. § 17-1736-16 - Provider requirements regarding advance directives
(a)
Hospitals, hospices, nursing homes, health maintenance organizations, and other
health care facilities that receive funds from medicare or medicaid are
required by law (Pub. L.
No. 101-508 and chapter 327D, HRS) to have in
place a mechanism for advising patients of their legal rights and options for
refusing or accepting treatment if they are or become incapacitated.
(b) Providers must offer written information
as well as summaries of pertinent institutional policies to all adult patients
regarding their rights under State laws to accept or refuse treatment and to
make advance directives.
(1) An advance
directive is a document that is written in advance of an incapacitating illness
that state a patient's choices about treatment, or name someone to make such
choices, if the patient becomes unable to make decisions.
(2) Through advance directives such as living
wills and durable powers of attorney for health care, patients will be able to
make legally valid decisions about their future medical treatment.
(3) The patient's medical record must be
documented to indicate whether the patient has an advance directive.
(c) Institutions may not
discriminate against or condition care provided to a patient on the basis of
whether the patient has, or has not, executed an advance directive.
(d) Institutions must provide (individually
or with others) education to staff and community regarding issues associated
with advance directives.
Notes
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