Statement by Aging with Dignity President Paul Malley Concerning New CMS Guidelines (effective January 1, 2011) Dealing with Doctor-Patient Advance Care Planning Conversations

December 29, 2010

“As the largest provider of advance directives in the nation, Aging with Dignity was among the groups that urged caution and pointed out shortcomings of earlier versions of health care reform legislation. These original proposals went too far in dictating how physicians should have advance care planning conversations if they wanted to be reimbursed for the consultation. We have long urged a patient-directed approach that does not steer decision-making toward or away from any particular option.

“While talk of “death panels” has reemerged in the wake of newly-issued CMS guidelines, these guidelines simply state that advance care planning should be discussed as part of subsequent annual check-ups, and not just on the first visit. They do not instruct the physician to promote any particular option. Thus, the new guidelines from the Center for Medicare & Medicaid Services (CMS) are a positive step towards strengthening patient rights and patient-centered care.”

Paul Malley, President
Aging with Dignity