OHCA Policies and Rules

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317:30-3-13. Advance directives

[Issued 1-05-95]

(a) Effective December 1, 1991, the Omnibus Budget Reconciliation Act of 1990 (OBRA '90) requires certain Medicaid providers (hospitals, nursing facilities, hospices, home health agencies and non-technical medical care) to:

(1) provide all adult Medicaid patients and residents with written information about their rights under Oklahoma law to make health care decisions, including the right to accept or refuse treatment and the right to execute advance directives;

(2) inform patients and residents about the provider's policy on implementing advance directives. The written information required by law must be given out by hospitals at the time of the individual's admission as an inpatient; by nursing facilities when the individual is admitted as a resident; by a home health agency or non-technical care provider in advance of an adult individual receiving care; and by hospices at the time of initial receipt of hospice care;

(3) document in the patient's medical record whether he/she has signed an advance directive;

(4) not discriminate against an individual based on whether he/she has executed an advance directive; and

(5) provide staff and community education on advance directives.

(b) Out-of-state providers must comply with their respective state laws regarding advance directives.

Disclaimer. The OHCA rules found on this Web site are unofficial. The official rules are published by the Oklahoma Secretary of State Office of Administrative Rules as Title 317 of the Oklahoma Administrative Code. To order an official copy of these rules, contact the Office of Administrative Rules at (405) 521-4911.