S. 2865

119 S2865 IS: Improving Access to Advance Care Planning Act
 U.S. Senate
 2025-09-18
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  II
  119th CONGRESS
  1st Session
  S. 2865
  IN THE SENATE OF THE UNITED STATES
  September 18 (legislative day,
  September 16), 2025
  Mr. Warner  (for himself and  Ms. Collins ) introduced the following bill; which was
  read twice and referred to the  Committee on
  Finance
  A BILL
To amend title XVIII of the Social Security Act to waive cost-sharing for
  advance care planning services, and for other purposes.
1.
Short title
This Act may be cited as the   Improving Access to Advance Care Planning Act  .
2.
Medicare coverage of advance care planning services
(a)
Advance care planning services defined
Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection:
(nnn)
Advance care planning services
(1)
In general
The term  advance care planning services  means services provided by an eligible practitioner (as defined in paragraph (2)) to an individual, a family member of such individual, a caregiver of such individual, or such individual’s representative, to discuss—
(A)
the health care preferences of such individual;
(B)
future health care decisions that may need to be made by, or on behalf of, such individual; and
(C)
advance directives or other standard forms, which may be completed by, or on behalf of, such individual.
(2)
Eligible practitioner
For purposes of paragraph (1), the term  eligible practitioner  means—
(A)
a physician (as defined in subsection (r));
(B)
a physician assistant (as defined in subsection (aa)(5));
(C)
a nurse practitioner (as defined in subsection (aa)(5));
(D)
a clinical nurse specialist (as defined in subsection (aa)(5));
(E)
a clinical social worker (as defined in subsection (hh)(1)) who possesses—
(i)
a relevant care planning certification; or
(ii)
experience providing care planning conversations or similar services, as defined by the Secretary; or
(F)
any other practitioner determined appropriate by the Secretary.
  .
(b)
Encouraging advance care planning
(1)
Payment
Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) ) is amended by adding at the end the following new paragraph:
(13)
Encouraging advance care planning services
(A)
In general
In order to encourage advance care planning services, the Secretary shall, subject to subparagraph (B), make payments (as the Secretary determines to be appropriate) under this section for advance care planning services (as defined in section 1861(nnn)) furnished on or after the date of enactment of this paragraph.
(B)
Policies related to payment
In carrying out this paragraph, with respect to advance care planning services, the Secretary—
(i)
shall make payment to only 1 applicable provider for such services furnished to an individual during a period;
(ii)
shall not make a payment under subparagraph (A) if such payment would be duplicative of a payment that is otherwise made under this title for such services; and
(iii)
shall not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such services.
  .
(2)
Removing cost-sharing responsibilities for advance care planning
  services under part B of the Medicare program
Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended—
(A)
in subsection (a)(1)—
(i)
in subparagraph (GG), by striking  and  at the end; and
(ii)
in subparagraph (HH), by striking the semicolon at the end and inserting the following:  , and (II) with respect to advance care planning services (as described in section 1848(b)(13)) furnished on or after January 1, 2027, the amount paid shall be an amount equal to 100 percent of the lesser of the actual charge for such services or the amount determined under such section;  and
(B)
in subsection (b), in the first sentence—
(i)
by striking  , and (13)  and inserting  (13) ; and
(ii)
by striking  section 1861(n).  and inserting the following:  section 1861(n), and (14) such deductible shall not apply with respect to advance care planning services (as described in section 1848(b)(13)) furnished on or after January 1, 2027 .
(c)
Improvements To advance care planning through telehealth
Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended—
(1)
in paragraph (4)(C)—
(A)
in clause (i), in the matter preceding subclause (I), by striking  and (7)  and inserting  (7), and (10) ; and
(B)
in clause (ii)(X), by inserting  or paragraph (10)  before the period at the end; and
(2)
by adding at the end the following new paragraph:
(10)
Treatment of advance care planning services
The geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services furnished on or after the date of enactment of this paragraph for purposes of furnishing advance care planning services (as defined in section 1861(nnn)).
  .
(d)
Aligning definitions
Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended—
(1)
in subsection (ww)—
(A)
in paragraph (1), by striking  end-of-life planning (as defined in paragraph (3))  and inserting  advance care planning (as defined in subsection (nnn)) ; and
(B)
by striking paragraph (3); and
(2)
in subsection (hhh)(2)—
(A)
by redesignating subparagraph (I) as subparagraph (J);
(B)
by redesignating subparagraph (I) as subparagraph (J); and
(C)
by inserting after subparagraph (H) the following new subparagraph:
(I)
Advance care planning services (as defined in subsection (nnn)).
  .
3.
HHS provider outreach
(a)
Outreach
The Secretary of Health and Human Services (in this section referred to as the  Secretary ) shall conduct outreach to physicians and appropriate non-physician practitioners participating under the Medicare program under title XVIII of the Social Security Act with respect to Medicare payment for advance care planning services furnished to individuals to discuss their health care preferences, identified by Healthcare Common Procedure Coding System (HCPCS) codes 99497 and 99498 (or any successor to such codes). Such outreach shall include a new, comprehensive, one-time education initiative to inform such physicians and practitioners of the addition of such services as a covered benefit under the Medicare program, including the requirements for beneficiary eligibility for such services.
(b)
Report
Not later than 1 year after the date of completion of the outreach described in subsection (a), the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the outreach conducted under subsection (a). Such report shall include a description of the methods used for such outreach.
4.
MedPAC report on the furnishing of advance care planning services and the use of
  advance care planning codes under the Medicare program
(a)
Study
The Medicare Payment Advisory Commission (in this section referred to as the  Commission ) shall conduct a study on advance care planning under the Medicare program under title XVIII of the Social Security Act. Such study shall include an analysis of—
(1)
the furnishing of advance care planning services to Medicare beneficiaries, including—
(A)
which providers are trained to provide such services;
(B)
which providers are eligible to provide such services under the Medicare program;
(C)
the length and frequency of the visits for furnishing such services; and
(D)
any barriers related to providers furnishing, or beneficiaries being furnished, such services;
(2)
the use of advance care planning Current Procedural Terminology (CPT) codes to bill for the furnishing of advance care planning services to Medicare beneficiaries, including—
(A)
circumstances under which codes other than advance care planning CPT codes are used to bill for such services under the Medicare program and why providers do not use advance care planning CPT codes; and
(B)
any barriers to providers using advance care planning CPT codes to bill for such services under the Medicare program; and
(3)
such other items determined appropriate by the Commission.
(b)
Report
Not later than June 30, 2027, the Commission shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate.