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V. EFFECT OF COMPLIANCE OR NON-COMPLIANCE WITH THIS POLICY8
- Immunity for Good Faith Compliance.
- According to the Maryland Health Care Decisions Act, the Facility, its employees, and the physicians attending the Resident are not subject to criminal prosecution or civil liability, or deemed to have engaged in unprofessional conduct as a result of withholding or withdrawing health care under authorization obtained in accordance with this Policy, if the individual acted in good faith.
- Also, according to the Maryland Health Care Decision Act, a health care Agent or surrogate who authorizes the provision, withholding, or withdrawing of life-sustaining procedures in accordance with a Resident's Advance Directive, or as otherwise provided in this Policy, is not subject to criminal prosecution or civil liability for the action and is not liable for the cost of treatment solely on the basis of the authorization, if the individual acted in good faith.
- Penalties for Non-Compliance.
- Any employee who willfully conceals, cancels, defaces, obliterates, or damages the Advance Directive of a Resident without the Resident's consent will be subject to disciplinary action by the Facility, up to and including termination of employment, consistent with the personnel policies of the Facility.
- Any person who willfully conceals, cancels, defaces, obliterates, or damages the Advance Directive of another without the Resident's consent, or who falsifies or forges a revocation of the Advance Directive and therefore causes life-sustaining procedures to be utilized against the previously expressed intent of the Resident, will be guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000, or imprisonment not exceeding one (1) year, or both.
- Any person who falsifies or forges the Advance Directive of another, or falsifies or forges an Affidavit of a surrogate, or willfully conceals or withholds personal knowledge of the revocation of an Advance Directive with the intent to cause the withholding or withdrawing of life-sustaining procedures contrary to the wishes of the Resident and therefore causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, will be guilty of a misdemeanor and, on conviction is subject to a fine not exceeding $10,000, or imprisonment not exceeding one (1) year or both.
8 The Facility can make no representations of the legal consequences of compliance or non-compliance. Neither can it assume that a court or agency will find the immunity to be available under any individual situation. The language in this section reflects language in the Maryland Health Care Decisions Act.
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