HB18-1182: Statewide System for Advance Directives

• Creates a statewide electronic system administered by the Department of Public Health and Environment that allows medical professionals and individuals to upload and access advance directives, contingent on receiving at least $750,000 in gifts, grants, and donations.

• Defines "advance directive" to include medical durable powers of attorney, declarations as to medical treatment, cardiopulmonary resuscitation directives, medical orders for scope of treatment forms, designated beneficiary agreements, and equivalent documents properly executed in other states.

• Requires the department to contract with one or more health information organization networks for system administration and maintenance and to promulgate rules by November 1, 2018 covering access criteria, procedures for adding and accessing directives, confidentiality safeguards, and procedures for designating individuals with whom physicians may discuss the person's medical condition.

• Establishes a sunset provision repealing the system effective September 1, 2028, with the Department of Regulatory Agencies required to conduct a sunset review before repeal.

• Ensures medical professionals can access the system consistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and designating individuals in the advance directive constitutes a waiver of confidentiality under HIPAA privacy requirements.