Data Element

Durable Medical Power of Attorney
Description

A person uses a durable medical power of attorney to appoint one or more people to serve as advocates or “healthcare agents” empowered to make medical treatment decisions on behalf of that person if the person is incapacitated and cannot communicate with medical personnel.

Comment

CMS-CCSQ Sup. for Durable Medical Power of Attorney for USCDI v5

CMS-CCSQ, along with the PACIO Project, continue to support the addition of the Advance Directives data class that was previously identified as a priority area by the USCDI Task Force and CMS. The PACIO Community believes these four data elements (only referencing Durable Medical Power of Attorney here) and Orders for End of Life Care, along with Care Experience Preferences and Treatment Preferences data elements that are currently in USCDI v4, provide the most essential information to give a holistic view of the individual’s wishes, necessary to inform care. Advance directives guide transitions and delivery of care that closely align with patient values that improve patient satisfaction. When incorporated into systems that assist healthcare professionals in decision-making, advance directives can activate customized notifications and best practice recommendations, which in turn can guide medical staff toward choices that are both well-informed and ethical. For individuals undergoing treatment from various healthcare providers or experts, the Advance Directives data class streamlines the delivery of uniform and personalized medical attention across multiple healthcare disciplines. This data class supports CMS’s objective to foster a healthcare system that is both effective and attentive to the unique healthcare preferences of each patient, thereby elevating patient well-being and satisfaction.


This information is routinely captured in patient or encounter summary documents. For the Level 1 data elements under this data class, there have been advancements in both the CDA and FHIR standards with the CDA guidance having been balloted twice within HL7 and the FHIR IGs being in later stages of ballot reconciliation with anticipated publication in the next few months. Specifically, for the Durable Medical Powers of Attorney data element, the FHIR IG currently is resolving dispositions to comments from the January 2022 ballot. There are LOINC Codes that represent this data element and it is part of both CDA and FHIR IGs (81335-2 Patient Healthcare Agent). Also, there is a well-established value set for representing a primary, secondary, or tertiary healthcare agent when multiple agents are established. (Healthcare Agent or Proxy Choices, urn: oid: 2.16.840.1.113762.1.4.1046.35).

PACIO Supports Modification to Durable Medical Power of Attorney

  • Data Class: Advance Directives (Level 2) 

  • Data Element: Durable Medical Power of Attorney (Level 1) 

  • Recommendation: Change the name of the data element “Durable Medical Power of Attorney” to “Healthcare Agent” and include it in the USCDI V4. 

  • Rationale: The PACIO (Post-Acute Care Interoperability) Project, established February 2019, is a collaborative effort between industry, government, and other stakeholders, with the goal of establishing a framework for the development of FHIR implementation guides to facilitate health information exchange. The PACIO community believes the notion of “Healthcare Agent” is better described as a collection of data elements which may establish one or more “Durable Medical Powers of Attorney” but is part of a set of data elements that may include additional details about the specific powers or limitations associated with that established role. With this context in mind, the data element “Healthcare Agent” is a broader term to encompass the content that could be exchanged, a subset of which might be the designation of a “Durable Medical Power of Attorney”.  Over the past year multiple organizations have used both CDA and FHIR standards to share this important patient-generated information. In addition, the CDA guidance has been balloted twice within HL7, the FHIR IG currently is resolving dispositions to comments from the January 2022 ballot. There are LOINC Codes that represent this data element and it is part of both CDA and FHIR IGs. (81335-2 Patient Healthcare agent) Also, there is a well-established value set for representing a primary, secondary, or tertiary healthcare agent when multiple agents are established. (Healthcare Agent or Proxy Choices, urn:oid: 2.16.840.1.113762.1.4.1046.35) 

PACIO Project Comments on Durable Medical Power of Attorney

  • Data Class: Advance Directives (Level 2) 

  • Data Element: Durable Medical Power of Attorney (Level 1) 

  • Recommendation: Include the Durable Medical Power of Attorney data element under the Advance Directive Data Class in USCDI V4. 

  • Rationale: The PACIO (Post-Acute Care Interoperability) Project, established February 2019, is a collaborative effort between industry, government, and other stakeholders, with the goal of establishing a framework for the development of FHIR implementation guides to facilitate health information exchange. The PACIO Community believes the data elements Care Experience Preferences, Treatment Preferences, End of Life Orders and Durable Medical Power of Attorney included together provide the most essential information to give a holistic view of the individual’s wishes, necessary to inform care. Specifically, Durable Medical Power of Attorney enables the communication of the designated Healthcare Agent or proxy. Many individuals will designate someone to speak for them when they’re unable to communicate for themselves. If an individual doesn’t have a complete Advance Directive or Advance Care Plan, their designee can communicate their goals preferences and priorities to the care team on their behalf. Additionally, we believe the concept of “Durable Medical Power of Attorney,” would best fit within the Advance Directive data class (and not, for example in the “Care Team” data class) because: 1.) Durable Medical Power of Attorney designates a unique legal status not applicable to any other members of the care team; and 2.) as stated above, the data elements Care Experience Preferences, Treatment Preferences, End of Life Orders and Durable Medical Power of Attorney included together provide the most essential information to give a holistic view of the individual’s wishes, necessary to inform care. We encourage USCDI to advance the data element “Durable Medical Power of Attorney” to V4.   

PACIO Comments on Durable Medical Power of Attorney

  • Modify “Durable Medical Power of Attorney” to “Healthcare Agent” and Advance to USCDI Level 2. The notion of “Healthcare Agent” is better described as a collection of data elements which may establish one or more “Durable Medical Powers of Attorney” but is part of a set of data elements that may include additional details about the specific powers or limitations associated with that established role. With this context in mind, the data element “Healthcare Agent” is a broader term to encompass the content that could be exchanged, a subset of which might be the designation of a “Durable Medical Power of Attorney”.  Over the past year multiple organizations have used both CDA and FHIR standards to share this important patient-generated information. In addition, the CDA guidance has been balloted twice within HL7, the FHIR IG currently is resolving dispositions to comments from the January 2022 ballot.
    • There are LOINC Codes that represent this data element and it is part of both CDA and FHIR IGs. (81335-2 Patient Healthcare agent)
    • There is a well-established value set for representing a primary, secondary, or tertiary healthcare agent when multiple agents are established. (Healthcare Agent or Proxy Choices, urn:oid: 2.16.840.1.113762.1.4.1046.35)
    • The PACIO Community strongly recommends the Healthcare Agent data element be advanced to USCDI Level 2.

PACIO support for modification to Healthcare Agent & Level 2

The PACIO Project strongly supports modification of the “Durable Medical Power of Attorney” data element to “Healthcare Agent” and advancement to USCDI Level 2.

Established February 2019, the PACIO Project is a collaborative effort between industry, government, and other stakeholders, with the goal of establishing a framework for the development of FHIR implementation guides to facilitate health information exchange. The PACIO community is open to all interested parties and currently includes over 50 individuals and organizations. On behalf of the PACIO Project leadership team, the PACIO Community voted 9/29/21 and unanimously supports the document and recommendations as posted 9/28/21 by Lisa R Nelson. PACIO members were involved in the creation of that document based on experiences in advance directive content adjudication and FHIR implementation guide development.

Modify this data element and move to USCDI Level 2

While the concept of “Durable Medical Power of Attorney” remains important to be included in the USCDI, further community discussion led to modifying the data element from “Durable Medical Power of Attorney” to “Healthcare Agent”.  The notion of “Durable Medical Power of Attorney” is better described as a collection of data elements which may establish one or more “Healthcare Agents” and may include additional details about the specific powers or limitations associated with that established role. The concept of “Durable Medical Power of Attorney” would more accurately be described as a data bundle because it includes multiple data elements, the most prominent being “Healthcare Agent”.  Over the past year multiple organizations have used both CDA and FHIR standards to share this important patient-generated information.  In addition, the CDA guidance has been balloted twice within HL7, the FHIR IG is preparing to be balloted in January 2022.

We strongly recommend the “Durable Medical Power of Attorney” data element be modified to  “Healthcare Agent” and for it to be advanced to USCDI Level 2.

USCDIv3 ADI_Comments_20210927v3_2.pdf

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