Patient Self-Determination Act (PSDA)

Purpose of the Patient Self-Determination Act (PSDA)

• Encourages creation and use of advance directives (living wills, durable powers of attorney for health care).
• Ensures patients know their legal rights to decide on medical treatment.

Advance Directives

• Living Will: Written statement of desired medical treatment if incapacitated.
• Durable Power of Attorney for Health Care: Designates a proxy to make health decisions when the patient cannot.

Six Core PSDA Requirements

1. Provide written information on patients’ state-law rights to make medical decisions, including drafting advance directives.
2. Ask every patient/resident if they have an existing advance directive.
3. Record in the medical chart whether an advance directive is on file.
4. Prohibit discrimination based on a patient’s advance-directive status.
5. Comply with all relevant state laws on advance directives.
6. Establish and implement education policies for staff and the community regarding advance-directive issues.