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- Pennsylvania Advance Directives
- For Healthcare Act – Act 24 of
1992
- (Interim Final Rule)
- (Final Rule – 7/27/95)
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- Recognition of Rights of Patients to Make Choices Concerning Medical
Care.
- Landmark Cases (Quinlan and Cryzan)
- Required by Medicare and Medicaid
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- Living Will – Declaration if
incapacitated and permanently unconscious or terminally ill.
- HCPA – Health Care Power of Attorney
- For all types of healthcare decisions (surgery, admission to hospital,
etc.)
- Effective when patient is unable to make own decisions.
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- Do I have to update? No
- Is a notary required
- in Pennsylvania? No
- Can I cancel? Yes
- Do I have to have one? No
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- Ask the patient if they have one – give to hospital/tell doctor.
- Hospital must provide written information.
- P/P written and provided to patient.
- Documentation in medical record.
- Compliance with state law.
- Education to patient and community.
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- ` (a) Physician or Healthcare Provider - If
an attending physician or healthcare provider cannot,in good conscience,
comply with a declaration, or if the policies of the healthcare provider
preclude compliance with a declaration, the attending physician or
healthcare provider shall so inform
the declarant. If the
declarant is incompetent, they shall inform the declarant’s surrogate. If a surrogate is not named in the
declaration, the provider shall make every reasonable effort to assist
in the transfer of the declarant to another physician or healthcare
provider who will comply with the declaration. Pa. stat. Ann.tit.20 (5409)
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- Liability – If transfer under subsection
- is not possible, the provision of
- life-sustaining treatment to a declarant
- shall not subject a healthcare provider to
- criminal or civil liability, or
- administrative sanction, for failure to
- carry out the provisions of a declaration.
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