An MA organization must maintain written policies and procedures concerning advance directives with respect to all adult individuals receiving medical care by or through the MA organization. An MA organization must provide written information to those individuals with respect to the following:
- Their rights under the law of the state in which the organization furnishes services (whether statutory or recognized by the courts of the state) to make decisions concerning their medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
- The MA organization’s written policies respecting the implementation of those rights concerning advance directives, including a clear and precise statement of limitation if the MA organization cannot implement an advance directive as a matter of conscience.
The MA organization is not required to provide care that conflicts with an advance directive. The MA organization is not required to implement an advance directive if, as a matter of conscience, the MA organization cannot implement an advance directive and state law allows any health care provider or any agent of the provider to conscientiously object.
The MA organization must inform individuals that complaints concerning noncompliance with the advance directive requirements may be filed with the state survey and certification agency.