This bill, known as the "Medicare Advance Planning for Care Act" or "MAP for Care Act," amends Title XVIII of the Social Security Act to establish a new Medicare Advance Directive Certification Program. The primary purpose is to encourage Medicare beneficiaries to voluntarily adopt and maintain certified advance directives, thereby guiding the medical care they receive. The Secretary of Health and Human Services is tasked with implementing this program within five years. A certified advance directive is defined as an electronically stored, state-recognized written instruction, such as a living will or durable power of attorney for health care, that outlines medical treatment preferences or identifies a health care proxy. These directives must be offered by an entity accredited under the program. Participation in the program is entirely voluntary, allowing beneficiaries to enroll, disenroll, or update their directives at any time. The Secretary must consider best practices for existing advance directive technologies, including web-based systems, security measures, and interoperability standards. The program also emphasizes educating beneficiaries on how to communicate their wishes and access their directives, while explicitly stating that it does not preempt state laws governing advance directives. The Centers for Medicare & Medicaid Services (CMS) website will provide links to statutory and alternative advance directive forms, indexed by state, to assist beneficiaries in creating their directives. During the annual coordinated election period, eligible beneficiaries will be notified about the program. Crucially, the program mandates strict adherence to HIPAA-compliant privacy and security standards for all enrollment and registration processes. This ensures that a participant's certified advance directive can only be accessed by the participant, their authorized family members or legal representatives, and healthcare providers furnishing services to them. The Secretary will accredit advance directive vendors and other entities based on specific criteria. These criteria include offering certified directives, establishing procedures for enrollment and updates, undergoing annual quality reviews, and allowing the use of various advance directive forms. Accredited entities must provide near real-time online access to directives for authorized parties and offer hard copies upon request. Further accreditation requirements involve certifying that data management and transfer systems meet rigorous independent testing and industry security standards. Vendors must also conduct annual surveys of participants regarding costs, accessibility during emergencies, clarity, and adherence to their directives. A process for special access in cases of treatment disputes, involving interested individuals, is also outlined. Finally, the bill mandates significant education and outreach efforts. CMS will include statements in annual notices and Medicare enrollment forms, highlighting the benefits of advance directives and providing resources. The goal is to ensure beneficiaries are well-informed and have easy access to the tools needed to make their end-of-life care wishes known and respected.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Finance.
Introduced in Senate
Read twice and referred to the Committee on Finance.
Health
MAP for Care Act
USA119th CongressS-3473| Senate
| Updated: 12/15/2025
This bill, known as the "Medicare Advance Planning for Care Act" or "MAP for Care Act," amends Title XVIII of the Social Security Act to establish a new Medicare Advance Directive Certification Program. The primary purpose is to encourage Medicare beneficiaries to voluntarily adopt and maintain certified advance directives, thereby guiding the medical care they receive. The Secretary of Health and Human Services is tasked with implementing this program within five years. A certified advance directive is defined as an electronically stored, state-recognized written instruction, such as a living will or durable power of attorney for health care, that outlines medical treatment preferences or identifies a health care proxy. These directives must be offered by an entity accredited under the program. Participation in the program is entirely voluntary, allowing beneficiaries to enroll, disenroll, or update their directives at any time. The Secretary must consider best practices for existing advance directive technologies, including web-based systems, security measures, and interoperability standards. The program also emphasizes educating beneficiaries on how to communicate their wishes and access their directives, while explicitly stating that it does not preempt state laws governing advance directives. The Centers for Medicare & Medicaid Services (CMS) website will provide links to statutory and alternative advance directive forms, indexed by state, to assist beneficiaries in creating their directives. During the annual coordinated election period, eligible beneficiaries will be notified about the program. Crucially, the program mandates strict adherence to HIPAA-compliant privacy and security standards for all enrollment and registration processes. This ensures that a participant's certified advance directive can only be accessed by the participant, their authorized family members or legal representatives, and healthcare providers furnishing services to them. The Secretary will accredit advance directive vendors and other entities based on specific criteria. These criteria include offering certified directives, establishing procedures for enrollment and updates, undergoing annual quality reviews, and allowing the use of various advance directive forms. Accredited entities must provide near real-time online access to directives for authorized parties and offer hard copies upon request. Further accreditation requirements involve certifying that data management and transfer systems meet rigorous independent testing and industry security standards. Vendors must also conduct annual surveys of participants regarding costs, accessibility during emergencies, clarity, and adherence to their directives. A process for special access in cases of treatment disputes, involving interested individuals, is also outlined. Finally, the bill mandates significant education and outreach efforts. CMS will include statements in annual notices and Medicare enrollment forms, highlighting the benefits of advance directives and providing resources. The goal is to ensure beneficiaries are well-informed and have easy access to the tools needed to make their end-of-life care wishes known and respected.