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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Countdown to National Healthcare Decisions Day

NATIONAL HEALTHCARE DECISIONS DAY – April 16, 2008

As a nation, we pay our taxes by April 15th of each year.  It is the goal of National Healthcare Decisions Day, that by April 16th, we will talk with our loved ones about our deaths.  To this end, the Center for Medicare Advocacy has become the Connecticut State Liaison for National Healthcare Decisions Day (NHDD).  NHDD is a collaborative effort of national, state, and community organizations committed to ensuring that all adults with decision-making capacity have the opportunity to communicate their preferences for end-of-life care.

The Federal Patient Self-Determination Act requires that all Medicare-participating healthcare facilities inquire about and provide information to patients on advance directives.  It also requires these facilities to provide community education about advance directives.  Unfortunately, despite these requirements and state laws giving patients a choice about their healthcare, it is estimated that only a small minority of people have executed an advance directive.  Moreover, fewer than 50% of severely or terminally ill patients have an advance directive in their medical records.

National Healthcare Decisions Day seeks to address the public’s misconceptions about healthcare planning and advance directives, by addressing fallacies such as:

    *      A living will and a healthcare power of attorney are the same;
    *      Advance directives are only for limiting care;
    *      A lawyer is needed to draft an advance directive and/or that it is hard to do;
    *      Severe illness or a catastrophic injury will never happen to them.

We Americans, ever hopeful, have historically avoided conversations regarding our own deaths.  Paradoxically, we also deeply believe in each individual’s right to chart his or her own destiny.  We know that living well, first and foremost, necessitates thoughtful and informed choices.  Dying is part of living and is thus part of the life we each chart.  Thoughtful choices about dying, made while one is well and not under duress, and communicated to those we love, help ensure that each person’s dying process is in accordance with the life he or she has chosen.  To ensure that your death is in accordance with your wishes, please take this opportunity to share with your loved ones your thoughts about how you would like to be taken care of while you are dying.  To start the conversation, be frank.  Consider simply saying, “I want to share my wishes about how I’d like to be cared for in the event I was sick or injured; can we do that now?”

For more information about NHDD visit <http://www.nationalhealthcaredecisionsday.org> or contact attorney Terry Berthelot (tberthel @ medicareadvocacy.org) in the Center for Medicare Advocacy’s Connecticut office at (860) 456-7790.  Remove spaces in email.