Additional resources related to Louisiana advance directives are in this section.
Per CMS, providers are required to document prominently in medical charts whether the patient has executed advance directives. Providers are also encouraged to have advance care planning discussions with patients at least once per year, perhaps during annual wellness visits. These discussions are to educate the patient on health care options and assist with completing advance directives if needed.
Advance directives are state-recognized documents that help ensure the health care wishes of an individual are respected if the individual becomes unable to speak or otherwise communicate. In the absence of a written document, sometimes advance directives may be expressed verbally to the family members or health care agent. Advance directives may become important if someone is severely injured or develops a serious illness that prevents active participation in decisions about their medical care.
When Do Advance Directives Go into Effect?
Advance directives only take effect once an individual can no longer make health care decisions. As long as the individual has the ability to give “informed consent,” the health care provider must rely on the individual, not advance directives, to make decisions regarding health care.
The Different Types of Advance Directives
A living will and a health care power of attorney are types of advance directives.
A living will, also called a declaration or a treatment directive, documents an individual’s personal wishes about end-of-life medical treatment in case decision-making or communication abilities are lost. Peoples Health recommends the Louisiana Advance Directives booklet, which includes a living will that is compliant with Louisiana law.
A health care power of attorney allows an individual to appoint someone (usually called a health care agent or health care proxy) to make medical treatment decisions anytime the individual is unable to communicate.
There are four important steps to preparing advance directives:
- The individual must obtain the appropriate living will and medical power of attorney forms for the state of residence.
- The individual must choose a health care agent.
- The forms must be completed and notarized or witnessed, as the state requires.
- The individual’s health care provider, caregiver, family, appointed health care agent and health plan should have copies.
The individual can change or revoke the advance directives at any time by completing new forms, destroying the existing forms, or simply telling caregivers. If a change is made to existing advance directives or new forms are created, the individual should inform the key contacts and provide new copies of the advance directives. Do not cross out or add new information to an individual’s advance directives unless it is simply a change of address or phone number.
Registering Advance Directives With the State
Registering advance directives with the state of Louisiana is not required by law; however, it is a good idea for patients to do so. Currently, the registration fee is $20.
To register advance directives, an original, multiple original or a certified copy of the advance directives can be mailed to:
Louisiana Secretary of State, Publications Division
P.O. Box 94125
Baton Rouge, LA 70804-9125
How Will I Know if My Patient Has Advance Directives?
Any provider belonging to health care facilities such as hospitals, nursing homes, home health agencies or any other health care facilities that accept federal funds must ask if the patient has advance directives. The answer must be documented as yes or no, and, if applicable, the advance directives must be made part of the patient’s medical records. Any advance directives that we receive from your Peoples Health patients will be available in Member Viewer under the Member tab, and we will make a copy available to all the patient’s health care providers as needed. Additionally, we ask that providers share with us any advance directives they receive for their Peoples Health patients. The goal is to ensure that all the patient’s health care providers, including hospitals, have access to the advance directives as needed.
Additional Contact Information
For further information, call or write:
| Peoples Health | |
| Three Lakeway Center | 1-800-222-8600 (Plan members) |
| 3838 N. Causeway Blvd., Suite 2500 | 1-866-553-5705 (Providers) |
| Metairie, LA 70002 | 711 (TTY) |
Patients have the right to file a complaint about an organization’s noncompliance with advance directives requirements. If a patient believes the hospital has not followed his or her advance directives, complaints should be filed in writing with the Louisiana Department of Health and Hospitals. Patients can contact the Louisiana Senior Health Insurance Information Program at 1-800-259-5300 or www.ldi.la.gov/SHIIP for more information.
For advance care planning resources, including coverage guidelines and the Louisiana Advance Directives booklet, visit Provider Portal or contact your Peoples Health representative.