Section 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.Haw. Code R. § 17-1736-16
[Eff 08/01/94] (Auth: HRS § 346-14, 42 U.S.C. §1396 a(w)) (Imp: HRS §327D)