Legacy Act of 2025
Summary
The Legacy Act of 2025 directs the Secretary of Health and Human Services (HHS) to seek an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study. This study would focus on establishing a national, confidential, and secure system for storing and retrieving 'last wish documents' at no cost to individuals.
The bill defines 'last wish documents' to include advance directives, organ donor registrations, healthcare proxies, powers of attorney, and living wills. The National Academies are required to submit a status report within two years and the study results within four years of the Act's enactment.
The Act aims to improve accessibility and security for individuals' end-of-life wishes, potentially streamlining healthcare decision-making processes.
Expected Effects
If enacted, the Legacy Act of 2025 will initiate a comprehensive study on creating a national system for storing and retrieving last wish documents. This could lead to the development of a centralized, secure database accessible to authorized agents, such as healthcare providers or family members.
The study's findings could influence future legislation or policies related to advance care planning and end-of-life care. It may also impact the adoption of digital health records and data privacy standards within the healthcare system.
Potential Benefits
- Improved Accessibility: A national system could make it easier for healthcare providers to access crucial end-of-life documents, especially in emergency situations.
- Enhanced Security: A secure, confidential system could protect sensitive personal information from unauthorized access or tampering.
- Reduced Costs: By providing storage and retrieval services at no cost to individuals, the Act could alleviate financial burdens associated with managing these documents.
- Greater Peace of Mind: Individuals can be assured that their wishes will be readily available when needed.
- Streamlined Healthcare Decisions: Easier access to last wish documents can facilitate more informed and timely healthcare decisions.
Potential Disadvantages
- Privacy Concerns: A centralized database could raise concerns about data security and potential breaches of privacy, despite the intention for a secure system.
- Implementation Challenges: Establishing and maintaining a national system could be complex and costly, requiring significant resources and coordination.
- Lack of Universal Adoption: The effectiveness of the system would depend on widespread adoption by individuals and healthcare providers.
- Potential for Errors: Data entry errors or system malfunctions could lead to incorrect or incomplete information being accessed.
- Federal Overreach: Some may view a national database as an overreach of federal authority into personal healthcare decisions.
Constitutional Alignment
The Legacy Act of 2025 appears to align with the Constitution, particularly the principle of promoting the general welfare, as stated in the Preamble. By facilitating access to individuals' end-of-life wishes, the Act can contribute to better healthcare outcomes and respect for personal autonomy.
Furthermore, the Act does not appear to infringe upon any specific constitutional rights or limitations. It does not establish a religion (Amendment I), infringe on the right to bear arms (Amendment II), or violate principles of federalism (Tenth Amendment).
However, the implementation of the Act must ensure compliance with privacy protections to avoid potential Fourth Amendment concerns regarding unreasonable searches and seizures of personal information.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).