S. 2865 (119th)Bill Overview

Improving Access to Advance Care Planning Act

Health|Health
Cosponsors
Support
Bipartisan
Introduced
Sep 18, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Finance.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill adds a new Medicare benefit for advance care planning (ACP) services, defining those services and eligible practitioners (including physicians, PAs, NPs, clinical nurse specialists, and certain clinical social workers). It authorizes payment under Medicare Part B for ACP services furnished on or after enactment and, beginning January 1, 2027, waives beneficiary cost-sharing and the Part B deductible for those services.

Why people may split

Scope and costs: liberals emphasize access and equity benefits; conservatives emphasize fiscal cost and expansion of federal entitlement.

Watch point

Relative to its intended legislative type, this bill is a well-structured substantive statutory amendment that clearly defines a new Medicare-covered service, prescribes payment and telehealth treatment, and creates reporting/study requirements, but it lacks fiscal acknowledgment and some operational specifics.

The bill adds a new Medicare benefit for advance care planning (ACP) services, defining those services and eligible practitioners (including physicians, PAs, NPs, clinical nurse specialists, and certain clinical social workers).

It authorizes payment under Medicare Part B for ACP services furnished on or after enactment and, beginning January 1, 2027, waives beneficiary cost-sharing and the Part B deductible for those services.

The bill removes certain Medicare telehealth geographic restrictions for furnishing ACP via telehealth, requires HHS to conduct an outreach and education initiative for providers about billing codes (HCPCS/CPT 99497 and 99498), and directs MedPAC to study and report on the furnishing and billing of ACP services by June 30, 2027.

Passage40/100

On content alone this is a relatively narrow, administratively focused change that can appeal to lawmakers who prioritize senior care and care-quality improvements. Its main obstacles are fiscal impact (removing cost-sharing without identified offsets), modest ideological sensitivity around advance directives, and Senate procedural hurdles. The outreach and MedPAC study elements increase implementability and oversight, which helps, but absence of a funding offset and lack of a sunset modestly reduce likelihood.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a well-structured substantive statutory amendment that clearly defines a new Medicare-covered service, prescribes payment and telehealth treatment, and creates reporting/study requirements, but it lacks fiscal acknowledgment and some operational specifics.

Contention45/100

Scope and costs: liberals emphasize access and equity benefits; conservatives emphasize fiscal cost and expansion of federal entitlement.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedFederal agencies · Workers

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitRemoves beneficiary cost-sharing for advance care planning services, reducing out-of-pocket expenses and financial barr…
  • Potential benefitEstablishes Medicare payment and clarifies billing (including HCPCS/CPT codes), which is likely to increase provider wi…
  • Potential benefitWaives telehealth geographic restrictions for ACP, enabling broader remote access and potentially increasing use of tel…
Likely burdened
  • Federal agenciesEliminating cost-sharing and expanding payments for ACP will increase federal Medicare outlays relative to current law,…
  • Potential burdenCreating a paid benefit for ACP may increase billing volume and administrative costs, and could introduce risks of upco…
  • WorkersImplementation will require provider education, administrative changes, and potential new certification/definition rule…
03 · Why people split

Why the argument around this bill splits.

Scope and costs: liberals emphasize access and equity benefits; conservatives emphasize fiscal cost and expansion of federal entitlement.
Progressive90%

A mainstream liberal would likely view the bill positively as an expansion of patient-centered care and removal of financial barriers for Medicare beneficiaries to discuss end-of-life preferences.

They would emphasize improved equity and patient autonomy, greater access for rural and homebound beneficiaries through telehealth, and that covering ACP conversations could reduce unwanted or costly medical interventions.

They would also welcome inclusion of social workers and non-physician clinicians as eligible providers, improving access for underserved populations.

Leans supportive
Centrist70%

A centrist would see the bill as a pragmatic, targeted expansion of an existing Medicare service to reduce a barrier to conversations that can improve care alignment and potentially reduce unwanted costs.

They would appreciate the built-in administrative steps — payment rules, provider outreach, and a MedPAC study — that aim to evaluate and refine implementation.

Their support would be conditional on clear guardrails to prevent duplication, fraud, or large unfunded cost increases and on data showing that this yields better outcomes or cost offsets.

Leans supportive
Conservative30%

A mainstream conservative would be cautious or skeptical about adding a new, federally covered Medicare benefit and removing cost-sharing, viewing it as an expansion of government-entitled services that could raise costs and administrative complexity.

They would question the need for taxpayer-funded blanket waivers of cost-sharing and worry about potential overuse, fraud, or mission creep from broad practitioner eligibility and large Secretarial discretion.

If supportive, it would be only with strict fiscal controls, narrow definitions of eligible providers, and robust safeguards against duplicative billing.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

On content alone this is a relatively narrow, administratively focused change that can appeal to lawmakers who prioritize senior care and care-quality improvements. Its main obstacles are fiscal impact (removing cost-sharing without identified offsets), modest ideological sensitivity around advance directives, and Senate procedural hurdles. The outreach and MedPAC study elements increase implementability and oversight, which helps, but absence of a funding offset and lack of a sunset modestly reduce likelihood.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • No cost estimate is included in the bill text; the magnitude of increased Medicare spending from waived cost-sharing and potentially higher utilization is unknown and could affect support.
  • The degree of bipartisan support in committees and floor leaders is unknown; procedural strategy (standalone bill, amendment, or inclusion in larger package) will materially affect chances.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Scope and costs: liberals emphasize access and equity benefits; conservatives emphasize fiscal cost and expansion of federal entitlement.

On content alone this is a relatively narrow, administratively focused change that can appeal to lawmakers who prioritize senior care and c…

Unlocked analysis

Relative to its intended legislative type, this bill is a well-structured substantive statutory amendment that clearly defines a new Medicare-covered service, prescribes payment and telehealth treatment, and creates rep…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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