1. (1) Adult means any person who is 18 years of age or older, or is the parent of a child, or has married.
2. (2) Advance directive means an individual's written instruction, recognized under New York State law, which relates to the provision of health care in the event that such individual lacks the capacity to make health care decisions.
3. (3) Health care means any treatment, service or procedure to diagnose or treat an individual's physical or mental condition.

4. (4) Health care decision means any decision to consent or refuse to consent to health care.

   (b) Procedural requirements.

   Each facility which participates in the Medicare and/or medical assistance programs shall:

5. (1) establish and maintain written policies and procedures for implementing their obligations regarding patients' rights to make health care decisions. Such policies and procedures shall include, at the minimum, provisions for:

   1. (i) documenting in each patient's clinical record whether or not the individual has executed an advance directive;
   2. (ii) not conditioning the provision of care or otherwise discriminating against an individual based on whether or not the individual has executed an advance directive;
   3. (iii) ensuring compliance with the requirements of New York State law related to advance directives; and
   4. (iv) providing (individually or with others) for education of staff and the community on issues concerning advance directives;

6. (2) furnish the following to each adult patient upon his or her admission to such facility:

   1. (i) written information about the policies and procedures described in paragraph (1) of this subdivision; and
   2. (ii) written information about patients' rights under New York State law to accept or refuse medical treatment and to make advance directives; and
7. (3) furnish the information described in subparagraphs (2)(i)-(ii) of this subdivision to each adult patient previously admitted but not yet discharged from the facility upon the effective date of these regulations.

(a) Definitions.