After reading the information posted within Module and your textbook please write a 100-word report on your thoughts of 2 of the following issues:
1. 5 Wishes
2. Living Will
3. Organ Donation card & form
4. Durable Power of Attorney Health care
5. Physician Orders for Life-Sustaining Treatment (see WSMA website info in lecture notes)
6. Assisted Death
This report could include:
1. Did this change your opinion of any of these issues after reading about them?
2. New items you learned while reading this material
3. Do you have a living will?
4. Have you been, or would you be willing to be a POA for a relative and/or spouse?
5. Has this made you think about completing these forms for yourself or assisting a relative?
6. Has this changed your opinion on Assisted Death?
Affordable Care Act has a provision which prohibits discrimination based on race, color, national origin, sex, age or disability.
Section 1557 of the Patient Protection and Affordable Care Act
Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Section 1557 builds on long-standing and familiar Federal civil rights laws: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975. Section 1557 extends nondiscrimination protections to individuals participating in:
Any health program or activity any part of which received funding from HHS
Any health program or activity that HHS itself administers
Health Insurance Marketplaces and all plans offered by issuers that participate in those Marketplaces.
Section 1557 has been in effect since its enactment in 2010 and the HHS Office for Civil Rights has been enforcing the provision since it was enacted. If you believe you have been discriminated against on one of the bases protected by Section 1557, you may file a complaint with OCR.
American Health Care Act of 2017 from Wikipedia (Links to an external site.)
As you know, the Affordable Health Care Act, is still being looked at by the Supreme Court and is being challenged by several states.
Living Will and End of Life Additional Info
National Hospice and Palliative Care Organization (Links to an external site.)
Washington State Power of Attorney Forms (Links to an external site.)
Five Wishes document link is posted in this module. This is a sample version. Please do not print.
This is reference only. There is a fee for this document
Dept. of Health (WA State)
Physician Orders for Life Sustaining Treatment (POLST) (Links to an external site.)
From Washington State Medical Association (WSMA) website:
NEW: House Bill 1175, passed during the 2019 Washington State Legislative Session and effective July 28, 2019, expands decision-making options for patients who lack capacity and updates the health care directive (living will) to include an option for a notary
Wash State Medical Association Advance Directories (Links to an external site.)
on above link scroll down to the end of the screen
POLST FAQs for Patients
A POLST Form is posted within this module.
1. Do you know what a POLST is? Physician Orders for Life-Sustaining Treatment (POLST)
This will ensure that the patients wishes are carried out.
Five Wishes
is an easy-to-use legal document written in everyday language that lets adults of all ages plan how they want to be cared for in case they become seriously ill. It is America’s most popular living will with more than 23 million copies in circulation.
View the Wikipedia website regarding 5 wishes:
5 Wishes at Wikipedia (Links to an external site.)
Below is a list of the 5 wishes
My wish for:
1. The person I want to make care decisions for me when I cant
2. The kind of medical treatment I want or dont want
3. How comfortable I want to be
4. How I want people to treat me
5. What I want my loved ones to know.
Death is a difficult topic to discuss. Hopefully, after reading your textbook and these lecture notes and information it has made you seriously think about this issue.
Changes to the Washington state durable power of attorney for health care form in 2017
Physicians and others who provide direct patient care should take note of new requirements taking effect Jan. 1 that affect the Washington state durable power of attorney for health care form.
Senate Bill 5635, passed by the Legislature in 2016, requires all powers of attorneyincluding those for health careto be either witnessed by two individuals or notarized, beginning in 2017 (prior to the bills enactment, a power of attorney for health care could be signed by a patient without witnesses or a notary public). Note that these requirements for witnesses are different from the requirements for witnesses in the health care directive form. All powers of attorney, including those for health care, executed before Jan. 1 will remain valid.
A power of attorney is a document granting to another individual the authority to act on your behalf. A power of attorney for health care allows that individual (the attorney in fact) to make decisions regarding your health care on your behalf.
The power of attorney becomes durable if it is written to remain or become effective if you become incapacitated and are not able to make health care decisions on your own. In addition to requiring witnessing or notarization, the new law also requires specific wording* that clearly indicates that the power of attorney is intended to be durable.
The new law is based on the Uniform Power of Attorney Act drafted by the Uniform Law Commission, the national organization which promotes uniformity of certain state laws. While the uniform act excludes health care powers of attorney, our state legislators chose to include health care in SB 5635. The Uniform Law Commission establishes requirements for health care powers of attorney separately in its Uniform Health-Care Decision Act.
As a result, powers of attorney for health care now must meet the same requirements as those for powers of attorney that authorize decision-making in matters involving property and finances.
The biggest change on the ground will be that a power of attorney for health care will have to be witnessed by two individuals or notarized by a notary public.
The law states that the witnesses:
Must be competent (meaning the witnesses have the mental capacity to understand what theyre being asked to do and the consequences of their actions).
Must not be home care providers for the principal or care providers at an adult family home or long-term care facility if the patient lives there.
Must not be related to the principle or the agent by blood, marriage or state-registered domestic partnership.
However, SB 5635 appears to allow physicians and staff to serve as witnesses if they work at a non-residential facility, such as a medical clinic or hospital.
The new legislation provides added security to help prevent fraud or duress in completion of the power of attorney document, which can grant peace of mind for all concerned. However, the WSMA recognizes that the new requirements place an additional burden on patients completing the document and will monitor the implementation of the new law.
*The new Washington law requires specific language in order to make the power of attorney for health care durable. A durable power of attorney for health care document must include words substantially similar to This power of attorney shall not be affected by the disability of the person signing the document, or This power of attorney shall become effective upon the disability of the person signing this document, or similar words indicating the intent of the patient to have the document become or remain effective upon the patients incapacity.
Durable power of attorney for health care:
Physicians and others who provide direct patient care should take note of new requirements taking effect Jan. 1 that affect the Washington state durable power of attorney for health care form.
Senate Bill 5635, passed by the Legislature in 2016, requires all powers of attorneyincluding those for health careto be either witnessed by two individuals or notarized, beginning in 2017 (prior to the bills enactment, a power of attorney for health care could be signed by a patient without witnesses or a notary public). Note that these requirements for witnesses are different from the requirements for witnesses in the health care directive form.
All powers of attorney, including those for health care, executed before Jan. 1 will remain valid.
A power of attorney is a document granting to another individual the authority to act on your behalf. A power of attorney for health care allows that individual (the attorney in fact) to make decisions regarding your health care on your behalf.
The power of attorney becomes durable if it is written to remain or become effective if you become incapacitated and are not able to make health care decisions on your own. In addition to requiring witnessing or notarization, the new law also requires specific wording* that clearly indicates that the power of attorney is intended to be durable.
The new law is based on the Uniform Power of Attorney Act (links to external website) drafted by the Uniform Law Commission, the national organization which promotes uniformity of certain state laws. While the uniform act excludes health care powers of attorney, our state legislators chose to include health care in SB 5635. The Uniform Law Commission establishes requirements for health care powers of attorney separately in its Uniform Health-Care Decision Act. (links to external website)
As a result, powers of attorney for health care now must meet the same requirements as those for powers of attorney that authorize decision-making in matters involving property and finances.
The biggest change on the ground will be that a power of attorney for health care will have to be witnessed by two individuals or notarized by a notary public. The law states that the witnesses:
Must be competent (meaning the witnesses have the mental capacity to understand what theyre being asked to do and the consequences of their actions).
Must not be home care providers for the principal or care providers at an adult family home or long-term care facility if the patient lives there.
Must not be related to the principle or the agent by blood, marriage or state-registered domestic partnership.
However, SB 5635 appears to allow physicians and staff to serve as witnesses if they work at a non-residential facility, such as a medical clinic or hospital.
The new legislation provides added security to help prevent fraud or duress in completion of the power of attorney document, which can grant peace of mind for all concerned. However, the WSMA recognizes that the new requirements place an additional burden on patients completing the document and will monitor the implementation of the new law.
*The new Washington law requires specific language in order to make the power of attorney for health care durable. A durable power of attorney for health care document must include words substantially similar to This power of attorney shall not be affected by the disability of the person signing the document, or This power of attorney shall become effective upon the disability of the person signing this document, or similar words indicating the intent of the patient to have the document become or remain effective upon the patients incapacity.
AH 140 Medical Law & Ethics. AH 140 Medical Law & Ethics Due Date
Tuesday, May 25 at 11:55 pm. Submit as a word (or RTF) document in the Canvas dropbox.