(1) Each health maintenance organization shall have written policies and procedures, which delineate the health care facility’s position with respect to the state law and rules relative to advance directives. The policies shall not condition treatment or admission upon whether or not the individual has executed or waived an advance directive. In the event of conflict between the facility’s policies and procedures and the individual’s advance directive, provision should be made in accordance with Florida Statutes § 765.308
    (2) The facility’s policy shall include:
    (a) Providing each adult individual, at the time of enrollment of the individual with the organization, with a copy of “”Health Care Advance Directives – The Patients’ Right to Decide,”” as prepared by the Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, FL 32308, effective 1-11-93, which is hereby incorporated by reference, or with a copy of some other substantially similar document which is a written description of Florida’s state law regarding advance directives;
    (b) Providing each adult individual, at the time of enrollment of the individual with the organization, with written information concerning the health care facility’s policies respecting advance directives; and,
    (c) The requirement that documentation of the existence of an advance directive be contained in the medical record. A health care facility which is provided with the individual’s advance directive shall make the advance directive or a copy thereof a part of the individual’s medical record.
Rulemaking Authority 765.110 FS. Law Implemented Florida Statutes § 765.110. History-New 1-11-93.