Delegate does not prohibit a health care professional from advising or advocating on behalf of a patient.

1. An organization may not prohibit or otherwise restrict a health care professional, acting within the lawful scope of practice, from advising or advocating on behalf of an individual who is a patient and enrolled under an MA plan about"

a. the patient's health status, medical care, or treatment options (including any alternative treatment that may be self administered) including the provision of sufficient information to the individual to provide an opportunity to decide among all relevant treatment options;
b. The risks, benefits and consequences of treatment or non-treatment or
c. The opportunity for the individual to refuse treatment and to express preferences about future treatment decisions.

2. . Health care professionals must provide information regarding treatment options in a culturally competent manner, including the option of no treatment.

• Any individual appointed by the enrollee (e.g., relative, friend, advocate, attorney)
• An individual authorized under state or other applicable law.
• Authorized individual must produce appropriate legal papers supporting his or her status under state or other applicable law.
• When verbally submitting grievances, initial determinations, and reconsiderations, when applicable, enrollees cannot verbally appoint a representative and must submit a valid representative form.
• In circumstances where there is a question whether or not the plan will cover an item or service, the enrollee, enrollee’s representative, or the provider on behalf of the enrollee, has the right to request approval from the plan. Such approval requests to the plan (even if to an agent or contractor of the plan, such as a network provider) are requests for an organization determination and must comply with the applicable regulatory requirements.

42 CFR §422.206(1)(i-iii) – Part C & D Enrollee Grievances, Organization/Coverage Determinations and Appeals Guidance 20.1, 40.1