Data Element

Living Will
Description

In a living will, a person specifies whether he or she wants (or does not want) “life-sustaining treatments” (e.g., artificial nutrition or hydration, dialysis or the use of a ventilator to help with breathing), external cardiac compression (CPR), the application of an electric current to the heart (defibrillation), or the use of a tube placed into the windpipe through the mouth or nose to help the person breathe, should that person suffer a medical emergency and be unable to communicate with the care team. A living will includes information that helps the healthcare agent make treatment decisions on the person’s behalf, and is used by medical professionals to inform their treatment plans.

Comment

PACIO: Rename, advance level, move to “Goals and Preferences"

Recommendation: Rename “Living Will” to “Priorities Upon Death,” advance to USCDI Level 2, and move to “Goals and Preferences” data class.

 

Rationale: PACIO recommends “Living Will” be renamed to “Priorities Upon Death” for the following reasons:

  • A “living will” is a specific document type that includes an individual’s treatment intervention preferences, care experience preferences, and designation of a healthcare agent or proxy.  Various document types are noted in the USCDI Advance Directive Observation data element, which provides information about a person- or provider- authored document indicating its location, content, type, and verification status. 
  • A “living will” is a type of advance healthcare directive document, at a higher conceptual level than a USCDI data element represents. We have accommodated the concept of document type in the metadata found in the DocumentReference and CompositionHeader FHIR resources for advance healthcare directive (ADI) documents, making the data element of “living will” too granular for the intended purpose of USCDI. 
  • The only remaining set of concepts that are commonly found in jurisdictional living wills and advance directives in use across the U.S. and health systems, which has yet to be represented in USCDI and is critically important to informing the treatment preferences of the person who is the subject of the ADI, relates to a person’s “Priorities Upon Death”.
  • Renaming the “living will” data element to “Priorities Upon Death” not only enables information related to what matters to the person being treated should they be facing end-of-life arrangements, but it also aligns with current work supporting organ donation. By enabling the information related to desires about donating organs and tissues, including the purpose for which those aspects of the person can be used, there is support for these concepts as found in the National Institute on Aging’s advance care planning guidance and state registries. Renaming “Living Will” to be “Priorities Upon Death” would allow capture of organ donation information from sources other than ADI, helping to alleviate the current demand for organs that exceeds current supply
  • The community working toward FHIR-enabled exchange and access of ADI has noted that many driver’s license agencies within states allow a person to indicate whether they wish to be an organ donor, but that information is separate from health information.  This data element not only provides an on-ramp for content found within the majority of jurisdictional living will and advance directive documents but also provides a bridge that could link known organ donor information to the healthcare ecosystem in the future.

 

Current Standards: Priorities Upon Death

Priorities upon death, as an existing concept, can be found in the following standard vocabularies: 

  • LOINC: 81337-8 Section code for “Patient Goals, preferences, and priorities upon death”
  • LOINC: 81379-0 Goals, preferences, and priorities upon death
  • LOINC: 75781-5 Thoughts on organ and tissue donation
  • VSAC: OID:  2.16.840.1.113762.1.4.1115.15 Upon death preferences value set enables death arrangements, person(s) to notify, and religious or cultural beliefs among others
  • SNOMED CT: 304239006 “Preferences relating to death and dying (qualifier value)”; 365571001 Finding of willingness to be a donor (finding); 41819004 Patient discharge, deceased, donation of body (procedure)

Upon death preference concepts and guidance for capture of these data can be found in the PACIO Project Advance Healthcare Directive Interoperability IG.

 

Current Use: Priorities Upon Death 

  • The Oracle Health EHR currently stores and allows access to advance care planning documents of all types, many of which contain the concepts for “Priorities Upon Death.” 
  • The Epic EHR includes an Advance Care Planning activity feature that includes the ability to upload, store, and access advance healthcare directive documents, as well as an “Advance Directive Page” on the patient portal where patients can upload, store, and access Advance Healthcare Directives documents that broadly capture “Priorities Upon Death.” 

 

Current Exchange: Priorities Upon Death

  • MyDirectives’ A|D Vault Exchange is a nationwide registry that enables access and exchange of advance healthcare directive information including Priorities Upon Death as described in the ADI w/FHIR IG. 
  • The creation, upload, and query/retrieve platforms included in the MyDirectives suite of products have been integrated into various EHRs and health systems, including Ochsner Health in Louisiana, Epic, Oracle Health, MEDITECH, PointClickCare, KanTime, MEDIVIEW, and more. 
  • MyDirectives also acts as the state advance care plan document registry in collaboration with the state HIE for numerous states. State-level exchange.

 

Breadth of Applicability: Priorities Upon Death

Applicable across care sites: Preferences upon death are relevant to acute and post-acute care, as death and dying occur across various care settings – almost equal proportions of deaths happen in hospitals, at home, or in a PAC setting according to CDC data.

Support organ donation: Changing the name from “Living Will” to “Priorities Upon Death” also supports efforts to bolster organ donation 

* The PACIO (Post-Acute Care Interoperability) Project, established February 2019, is a collaborative effort between industry, government, and other stakeholders, which aims to advance interoperable health information exchange between post-acute care (PAC) providers, patients, and other key stakeholders across health care.

PACIO recommends modification and advancing of data element

Recommendation: The PACIO Project* recommends modifying “Living Will” to be “Priorities Upon Death” and advance to USCDI Level 2; relatedly, move “Priorities Under Certain Health Conditions” to Level 0.

Rationale: This data element could accommodate funeral or post-death planning and elements such as Organ Donation, which is important to national organ availability.

  • There are various types of Advance Healthcare Directives documents, such as living wills, DNR orders, and others. When a clinician is looking for advance directive information, any of these documents may have the information they need. Because of the variety of document types related to Advance Healthcare Directives, and the overlap of some of the information included in these documents across other advance healthcare directive documents, it would be helpful for clinicians to have an umbrella term to capture this important type of information, such as “Treatment Intervention Preferences” and “Upon Death Preferences” information. This information is often found in a living will as well, highlighting the need for a general-purpose data element that help practitioners find vital information across various advance healthcare directive document types.
    • A living will includes treatment intervention preferences, including information that helps the healthcare agent make treatment decisions on the person’s behalf, and is used by medical professionals to inform their treatment plan. In a living will, a person specifies whether they want (or does not want) “life-sustaining treatments” (e.g., artificial nutrition or hydration, dialysis or the use of a ventilator to help with breathing), external cardiac compression (CPR), the application of an electric current to the heart (defibrillation), or the use of a tube placed into the windpipe through the mouth or nose to help the person breathe, should they suffer a medical emergency and be unable to communicate with the care team.
    • Because a living will includes information within the broader conceptualization of “priorities upon death,” PACIO recommends “Living Will” be renamed to “Priorities Upon Death,” because a living will is a specific document type that includes an individual’s treatment intervention preferences, whereas priorities upon death is a general type of data that encapsulates information captured within a living will as well as other Advance Healthcare Directive document types; therefore, broadening the name of the data element to capture various document types, like a living will, better serves USCDI. This aligns with the US Core work to include all types of Advance Healthcare Care documents within the same document type.
    • Also, because living wills include information that is already captured within “Treatment Intervention Preference,” an existing USCDI data element in USCDI v6 and included in draft v7, having a data element named “Living Wil” would be redundant.
  • By making this update in the data element name, “Priorities Under Certain Health Conditions” can be moved to Level 0, as the data element “Treatment Intervention Preferences” accommodates the intent of the proposed data element and would be redundant with “Priorities Upon Death,” if that change is made.

* The PACIO (Post-Acute Care Interoperability) Project, established February 2019, is a collaborative effort between industry, government, and other stakeholders, that aims to advance interoperable health information exchange between post-acute care (PAC) providers, patients, and other key stakeholders across health care.

CMS-CCSQ Support for Orders for Living Will 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 Living Will 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.

PACIO Comments on Living Will

  • Modify “Living Will” to “Priorities Under Certain Health Conditions” and “Priorities Upon Death”: While the concept of “Living Will” remains important to be included in the USCDI, further community discussion led to modifying the data element from “Living Will” to “Priorities Under Certain Health Conditions” and “Priorities Upon Death”. The notion of “Living Will” is better described as a bundle of data elements which identify a person’s “Priorities Under Certain Health Conditions” or “Priorities Upon Death”. 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.
    • There are LOINC Codes that represents these data elements (81336-0 Patient Goals, preferences, and priorities under certain health conditions and 81337-8 Patient Goals, preferences, and priorities upon death) and instructions for using both are included in the CDA and FHIR IGs.
    • Value sets for common treatments a patient may prefer to receive or not receive under certain conditions as well as priorities upon death are defined and available for use in the NLM VSAC. (Intervention Preferences at End of Life, urn:oid:2.16.840.1.113762.1.4.1115.9 and Health Goals at End of Life Grouping, urn:oid:2.16.840.1.113762.1.4.1115.7)
    • The PACIO Community recommends modifying “Living Will” to “Priorities Under Certain Health Conditions” and “Priorities Upon Death” and advancing both of these data elements to USCDI Level 2.

PACIO support for modifications & advancement to USCDI Level 2

The PACIO Project strongly supports modifying the "Living Will” data element to become two data elements: “Priorities Under Certain Conditions” and “Priorities Upon Death”. PACIO also strongly recommends the advancement of those two data elements 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 to be two separate data elements & move to USCDI Level 2

While the concept of “Living Will” remains important to be included in the USCDI, further community discussion led to modifying the data element from “Living Will” to “Priorities Under Certain Conditions” and “Priorities Upon Death”.  The notion of “Living Will” is better described as a bundle of data elements which identify a person’s “Priorities Under Certain Conditions” or “Priorities Upon Death”.  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.

  • There are LOINC Codes that represents these data elements (81336-0 Patient Goals, preferences, and priorities under certain health conditions and 81337-8 Patient Goals, preferences, and priorities upon death) and instructions for using both are included in the CDA and FHIR IGs.
  • Value sets for common treatments a patient may prefer to receive or not receive under certain conditions as well as priorities upon death are defined and available for use in the NLM VSAC.  (Intervention Preferences at End of Life, urn:oid:2.16.840.1.113762.1.4.1115.9 and Health Goals at End of Life Grouping, urn:oid:2.16.840.1.113762.1.4.1115.7)

We strongly recommend the “Living Will” data element be modified to be “Priorities Under Certain Conditions” and “Priorities Upon Death” data elements and then move to USCDI Level 2.

USCDIv3 ADI_Comments_20210927v3_3.pdf

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