Va. DMAS Hospice Provider Manual ch. IV, Advance Directives

The hospice provider must provide written information to adult individuals at the time of

the initial receipt of hospice care services regarding the individual's right to make medical

care decisions. This includes the right to accept or refuse medical treatment and the right

to formulate advance directives.

The term "advance directive" means a written instruction, such as a living will and/or

durable power of attorney for health care, recognized under state law and relating to the

provision of such care when the individual is incapacitated. The law does not prohibit any

health care provider (or any agent of such provider) from refusing, as a matter of

conscience, to implement an advance directive. Further, the law does not require

individuals to execute an advance directive.

Under the law, the hospice provider must:

•

Provide all adult individuals with written information about their rights under

state law to make health care decisions, including the right to accept or refuse

treatment and the right to execute advance directives, as well as the provider's

written policies respecting the implementation of such rights;

•

Inform residents about the hospice provider's policy on implementing advance

directives;

•

Document in the individual’s medical record whether the individual has signed

an advance directive;

•

Not discriminate against an individual based on whether the individual has

executed an advance directive; and

•

Provide staff and community education on advance directives.