Title 42 — The Public Health and WelfareRelease 119-73not60
§14406 Clarification with Respect to Advance Directives
Title 42 › Chapter 138— ASSISTED SUICIDE FUNDING RESTRICTION › § 14406
Summary
Under a related rule, certain Medicare and Medicaid provisions must not be read to force any health care provider or their staff to tell or advise a person about getting services meant to cause death (for example, assisted suicide or euthanasia). Those provisions also do not apply to or change any part of an advance directive that asks for causing or helping cause a person’s death.
Full Legal Text
Title 42, §14406
The Public Health and Welfare — Source: USLM XML via OLRC
Subject to section 14402(b) of this title (relating to construction and treatment of certain services), section 1395cc(f) and 1396a(w) of this title shall not be construed—
(1)to require any provider or organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing; or
(2)to apply to or to affect any requirement with respect to a portion of an advance directive that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.
Reference
Citations & Metadata
Citation
42 U.S.C. § 14406
Title 42 — The Public Health and Welfare
Last Updated
Apr 5, 2026
Release point: 119-73not60