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^1 Chapter 166 of the Texas Health & Safety Code ^2 Robert L. Fine, M.D.'s detailings of futile care statutes and processes from Baylor Health System ^3 White House Press Briefing 2005-03-21 ^4 As discussed in "Fine RL. Point: The Texas Advance Directives Act Effectively and Ethically Resolves Disputes About Medical Futility. Chest 2009 136(4 ...
Advance directives were created in response to the increasing sophistication and prevalence of medical technology. [3] [4] Numerous studies have documented critical deficits in the medical care of the dying; it has been found to be unnecessarily prolonged, [5] painful, [6] expensive, [7] [8] and emotionally burdensome to both patients and their families.
In 1999, the state of Texas passed the Advance Directives Act. Under the law, in some situations, Texas hospitals and physicians have the right to withdraw life support measures, such as mechanical respiration, from terminally ill patients when such treatment is considered to be both futile and inappropriate.
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An advance directive allows an individual to state what treatments he or she would want in a medical crisis, but it is not a medical order. [4] Advance directives are not portable in a sense that it is not accessible across medical systems, so it is the individual's responsibility to have the form on them at all times. [4]
Section 1233 of the proposed America's Affordable Health Choices Act of 2009 (H.R. 3200) would have authorized reimbursements for physician counseling regarding advance directives (once every five years) [3] but it was not included in the Patient Protection and Affordable Care Act of 2010 because of controversy over what were characterized as ...
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