Legal Issues


Neurocognitive deficit is a known consequence of HIV infection. Not every patient will experience permanent cognitive impairment but the probability is significant. Some form of HIV-associated neurocognitive disorder will affect 30% of HIV+ patients.

The Patient Self-Determination Act (PSDA) of 1991 entitles patients to pre-determine their medical care in the event of incapacity. It requires healthcare facilities that participate in Medicare and Medicaid to educate and include advanced directives as part of the patient care record. Each State may have specific requirements regarding the implementation of advanced directives.

When educating patients regarding their rights, advocates should:

 


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