[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR431.20]



[Page 24]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 431_STATE ORGANIZATION AND GENERAL ADMINISTRATION--Table of Contents

 

                      Subpart A_Single State Agency

 

Sec.  431.20  Advance directives.



    (a) Basis and purpose. This section, based on section 1902(a) (57) 

and (58) of the Act, prescribes State plan requirements for the 

development and distribution of a written description of State law 

concerning advance directives.

    (b) A State Plan must provide that the State, acting through a State 

agency, association, or other private nonprofit entity, develop a 

written description of the State law (whether statutory or as recognized 

by the courts of the State) concerning advance directives, as defined in 

Sec.  489.100 of this chapter, to be distributed by Medicaid providers 

and health maintenance organizations (as specified in section 

1903(m)(1)(A) of the Act) in accordance with the requirements under part 

489, subpart I of this chapter. Revisions to the written descriptions as 

a result of changes in State law must be incorporated in such 

descriptions and distributed as soon as possible, but no later than 60 

days from the effective date of the change in State law, to Medicaid 

providers and health maintenance organizations.



[57 FR 8202, Mar. 6, 1992, as amended at 60 FR 33293, June 27, 1995]