ADVANCE DIRECTIVES
STATE AND FEDERAL REQUIREMENTS FOR PROVIDERS
Providers are required to comply with federal and state law regarding advance directives
for all Enrollees 18 years of age and older (42 CFR 438.6(i)(1)-(2) and
42 CFR 422.128,)
Such Advance Directives shall be included in each enrollee’s medical record. Providers
shall advise enrollees of:
1. Their rights under the law of the State of Florida, including the right to accept or refuse medical, surgical or behavioral health treatment and the right to formulate Advance Directives.
2. Integral Quality Care's written policies respecting the implementation of those rights, including a statement of any limitation regarding the implementation of Advance Directives as a matter of conscience.
3. The provider shall educate its staff about its policies and procedures on Advance Directives, situations in which Advance Directives may be of benefit to enrollees, and their responsibility to educate enrollees about this tool and assist them to make use of it.
4. The provider shall educate enrollees about their ability to direct their care using this mechanism and shall specifically designate which staff and/or network providers are responsible for providing this education.
5. Providers are required to document in an enrollee’s medical record whether or not an enrollee has executed an Advance Directive and to communicate the enrollee’s request to accept or refuse treatment to attending staff in hospitals or other facilities.