The state Medicaid agency (directly or through a contract) must develop a written description of the state’s advance directive law to be distributed by Medicaid providers and by health plans.  Any revisions to that state law must be incorporated no later than 60 days from when they become effective.

When Medicaid contracts with a managed care plan, it must require the plan to comply with the federal law requirements for maintaining written policies and procedures regarding advance directives.  The managed care plan must then meet the requirements of this law (as described in this document).