Black Health

Advance directives for Black patients: documented disparities and three concrete steps.

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Black decedents in a national cohort were mechanically ventilated at the end of life at 21.2 percent compared with 11.3 percent of white decedents, and used three or more days of hospice at 34.9 percent versus 46.2 percent, according to Ornstein and colleagues in their 2020 analysis of the REGARDS cohort (PMID 32833020). A 2016 systematic review of 52 studies by Sanders, Robinson, and Block found that African Americans participate less in advance care planning than white Americans and are more likely to discuss end-of-life wishes informally than to document them (PMID 26840857). An advance directive closes that documentation gap. This guide explains what the document does, what Medicare pays your doctor to talk about it, and three steps you can take this month.

An advance directive tells the ICU what you want before you get there

An advance directive is a legal document you sign while you can still make decisions. It names a healthcare proxy (the person who speaks for you when you cannot) and records your preferences on mechanical ventilation, feeding tubes, CPR, dialysis, and comfort care. In most states it takes two witnesses or a notary. No lawyer is required.

The Ornstein 2020 numbers matter for Black readers specifically. The same REGARDS analysis reported Black decedents had nearly twice the odds of receiving intensive procedures in the final six months of life (PMID 32833020). The earlier Hopp and Duffy 2000 study of 540 decedents published in the Journal of the American Geriatrics Society found that white patients were significantly more likely than Black patients to have a living will on file at the time of death (p = .001) (PMID 10855602). A signed directive is the mechanism that tells a hospital team, in writing, whether you want the ventilator.

Black adults complete advance directives at lower rates, and the reasons are documented

The Sanders, Robinson, and Block review in the Journal of Palliative Medicine pulled together 38 quantitative studies and 14 qualitative studies (PMID 26840857). The pattern is consistent across those 52 studies: African Americans complete formal advance directives at lower rates than white Americans, prefer more aggressive end-of-life care when preferences are unrecorded, and more often rely on family conversations rather than signed forms.

Rhodes and colleagues, reporting in the American Journal of Hospice and Palliative Care in 2017 (PMID 26878868), found in interviews and focus groups that mistrust of the medical system, religious framing of end-of-life decisions as God's call, and prior experiences of being under-treated for pain all shape the hesitation. Those reasons are real. The signed form is still the instrument a hospital team is legally required to honor. Skipping it does not protect you; it hands the decision to whoever is in the room.

The form covers the proxy, the machines, and the values you want honored

A complete advance directive package usually has two parts. A healthcare power of attorney names the person who decides for you if you cannot speak. A living will records your specific preferences on mechanical ventilation, artificial nutrition and hydration, CPR, and whether you want comfort-focused care at the end. Many state forms also include space for religious observances, the people you want at bedside, and music or scripture you want read. Those sections exist so that your care team does not have to guess at 3 a.m.

A few practical points to know. The proxy does not have to be a family member, and for many Black seniors the right proxy is a church member, a godchild, or a long-time friend who shares your values rather than the oldest adult in the household. The form is revocable; you can change it any time by signing a new one. And a directive you sign in one state is generally honored in another if the document meets both states' requirements.

Medicare pays your primary care doctor to have this conversation

Since January 2016, Medicare Part B has paid physicians and qualified health professionals to conduct advance care planning with patients under two billing codes. CPT 99497 covers the first 30 minutes of face-to-face discussion about advance directives, including completing the form when the conversation calls for it. CPT 99498 is an add-on for each additional 30 minutes. When the visit is billed alongside the Medicare Annual Wellness Visit with modifier 33, the deductible and coinsurance are waived, which means the conversation costs you nothing out of pocket once per year (CMS Billing and Coding Article A58664).

When you schedule your next annual wellness visit, tell the front desk you want advance care planning added to the appointment. Ask your doctor's office to bill 99497 with modifier 33 on the same claim as your wellness visit. If the office says they do not do advance care planning, that is a flag. Every Medicare-enrolled primary care practice can bill these codes, and a practice that declines is signaling it will not do the reporting work that keeps your wishes on file.

Three steps you can take this month

One. Fill out a form this week. Five Wishes from Aging with Dignity is $5 per copy, legally valid in all 50 states, and written in plain English. It covers your proxy, the medical decisions, your comfort preferences, what you want loved ones to know, and how you want to be remembered. If you prefer a state-specific statutory form (some hospitals handle these faster than Five Wishes), search your Secretary of State or Attorney General website for your state's name plus "advance directive form." The Caring Conversations workbook from the Center for Practical Bioethics is free and walks families through the conversation before anyone signs.

Two. Give copies to your proxy and your primary care doctor, not only your family. A directive in a home file cabinet does not help the hospital team. Scan a signed copy and email it to your primary care office with a note asking them to upload it to your chart. Give a paper copy to your named proxy, and tell them where the original is kept. If you have a cardiologist, nephrologist, or oncologist you see regularly, send them a copy too. Some hospital systems also let you upload the directive to your patient portal; check yours.

Three. Review the form after any hospitalization or major diagnosis. A directive written at 60 does not necessarily match what you want at 78 with a new kidney disease diagnosis. Re-read it after any hospital stay, any new serious diagnosis, the death of your named proxy, a divorce, or a change in religious affiliation. Sign a new form whenever your answers change; the most recent signed version is the one that governs. Shred the old copies so no one works from outdated instructions.