HB 400 Summary

• Creates the Delaware Medical Orders for Scope of Treatment (DMOST) Act as a new standardized, portable medical document separate from advance health-care directives that expresses patients' end-of-life care preferences through medical orders.

• Establishes DMOST form requirements including voluntary patient signature, health-care practitioner signature, information on health-care preferences, and portability across all health-care settings including homes, hospitals, nursing homes, and emergency transport.

• Authorizes the Department of Health and Social Services to develop DMOST protocols, training requirements, public awareness campaigns, and an electronic registry through the Delaware Health Information Network to store and make forms available to providers and emergency responders.

• Permits patients with decision-making capacity to modify or revoke DMOST forms at any time, and allows authorized representatives to request modifications after patient loses capacity unless the patient restricts this authority on the form.

• Establishes civil penalties up to $1,000 per violation for health-care institutions, professional discipline for providers, and Class G felony charges for falsifying, forging, or coercing DMOST completion; prohibits requiring DMOST forms as a condition of insurance or care.