Patient Self Determination Act

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Checkpoint: Patient Self-Determination Act

The Patient Self-Determination Act (PSDA) was legislated by Congress in 1990 as part of the Omnibus Budget Reconciliation Act (OBRA). Congress felt that individuals has the right to determine their final healthcare. In a Ambulatory Surgery facility setting, Medicare/Medicaid requires that each patient sign a HIPAA form, explaining their rights prior to the procedure being performed. The purpose of the PSDA would be to ensure that individuals are provided information to what their rights when making decisions about their healthcare, treatments or procedures.

All healthcare facilities in the United States are required by the PSDA to advise all patients that are of legal age of consent, 18 years and older, to have a signed advanced directive in their medical records. This will explain the patient's rights under state and federal law that allows them to participate in any decisions that are made regarding their medical care, which includes the right to refuse treatment. That signed advanced are permanent documents in the patient's records, including what the healthcare provider's policies are on honoring the patient's rights. Advanced Directives include Durable Power of Attorney for healthcare; living wills; Do Not Resuscitate (DNR) and Healthcare Proxy. All patients must be informed about state regulations and rules when it comes to advanced directives about their healthcare, as well as a signed HIPAA form explaining the state and federal regulations to privacy.

The Patient Self-Determination Act is beneficial to the patient, it ensures that all medical professionals aware of the patient's wishes are for their medical treatment, as well as making sure that their final wishes are done. If a patient did not have, for example, a DNR on file. They may be kept alive by artificial means, even if their prognosis is grim and that is not something the individual may have wanted. The management procedures in regards to...
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