1. (a) Before initiating care or services, a home health agency must provide each patient, 18 years of age or older, or their legal representatives, with forms and information on

   1. (1) the right of the individual to make health care decisions, including the right to

      1. (A) accept or refuse medical or surgical treatment; and
      2. (B) execute an advance directive and power of attorney for health care;
   2. (2) the policies of the home health agency with respect to the implementation of the rights of the individual to make health care decisions;
   3. (3) living wills and do-not-resuscitate orders;
   4. (4) persons who can provide additional information concerning advance directives and powers of attorney for health care.
2. (b) A home health agency may not condition the provision of care or otherwise discriminate against a patient based on whether the patient has executed an advance directive. If the agency cannot comply with a patient's advance directive as a matter of conscience, the agency must assist the patient in transferring to an agency that will comply.

(Eff. 9/6/96, Register 139)

Authority: AS 18.05.040