PSDA Requires Disclosure of Futility Policies

I suggested, yesterday, that pending Minnesota bills requiring disclosure of futility policies are arguably (somewhat) superfluous in that disclosure of futility policies is already required by the1991 federal Patient Self Determination Act.  This (almost-never-enforced) part of the Medicare law requires hospitals and other facilities that participate in Medicare to provide certain information to all admitted patients.  Here are two places where I would anchor a disclosure obligation:  

“Provide written information . . . the written policies of the provider or organization respecting the implementation of such rights [to have a living will or durable power of attorney honored]”  -- 42 U.S.C. 1395cc(f)(1)(A)(ii)

“The written policies of the provider or organization respecting the implementation of such rights, including a clear and precise statement of limitation if the provider cannot implement an advance directive on the basis of conscience.”  -- 42 C.F.R. 489.102(a)(2)