Hospital Patients' Rights to Delegate Decisions to Representatives

On April 15, 2010 the President issued a memorandum to the Secretary of Health and Human Services(copy enclosed) directing the initiation of rulemaking to ensure that hospitals respect the right of patients to have and designate visitors. The memorandum also directs the Secretary to issue guidance that clarifies existing regulatory requirements at 42 CFR 482.13, governing the right of a patient's representatives to make informed decisions concerning the patient's care, and 42 CFR 489.102(a), concerning advance directives, such as durable powers of attorney and health care proxies. This Survey & Certification Memorandum provides the clarifications of existing regulations and policy guidance concerning new regulations that fulfill the expectations of the President's memorandum.