The Advance Directives regulation, or Patient Self-Determination Act (PSDA), was derived from the Omnibus Budget Reconciliation Act of 1990 (OBRA ‘90). This act requires all Medicare and Medicaid hospitals, nursing facilities, home health agencies and hospices to give patients information about their right to make their own health care decisions, including the right to accept or refuse medical or surgical treatment. This also includes the right to formulate Advance Directives (Declarations and/or Durable Powers of Attorney for Healthcare Decisions).

Below are links to documents that may help providers come into compliance with the Patient Self-Determination Act.

Advance Directives Self-Evaluation Form
Sample Advance Directives Policy
Sample Form – Acknowledgement of Patient Information on Advance Directives
Patient Information on Nevada State Law Concerning Advance Directives (Includes Declaration (Living Will) and Durable Power of Attorney for Healthcare Decisions)

The Nevada Center for Ethics and Health Policy provides additional information regarding Advance Directives including a simple one page, two-sided document. This form, The Summary of Physician Orders for Scope of Treatment (SPOST), is designed to help health care providers honor the end-of-life treatment desires of their patients. The document is a physician order form that follows patient wishes and treatment intentions and thereby enhances the appropriateness and quality of patient care. It is not intended to be completed by the patient or the patient’s family, but by a health care provider during an interview with the patient. It may not be used as a Power of Attorney for Health Care, which in Nevada must follow statutory wording, but you may indicate on the SPOST if you have a Power of Attorney for Health Care and who you have designated as your Agent on that document. More information is available at the Nevada Center for Ethics and Health Policy web site: http://www.unr.edu/ncehp/.

A licensed medical facility or health care provider receiving Medicare and/or Medicaid funding and would like to inquire about Civil Rights or Advanced Directives compliance, please contact the Division of Health Care Financing and Policy’s Recipient Civil Rights Officer at (775) 684-3606.