A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding part 6 to article V; and to repeal acts and parts of acts.
The bill defines key terms such as "attending health professional," "health care," "health care decision," "health care provider," "health facility or agency," "reasonably available," and "surrogate." It outlines the conditions under which a surrogate can make health care decisions for an adult or emancipated minor who is incapacitated and lacks a patient advocate or guardian. The surrogate's authority is suspended when the patient regains decision-making capacity.
The bill specifies the hierarchy for surrogate selection, prioritizing individuals such as spouses, adult children, parents, and adult siblings, and includes provisions for disqualifying certain individuals from acting as surrogates. Surrogates must sign an acceptance of authority, which includes statements about their responsibilities and limitations, such as not receiving compensation and acting in the patient's best interests. The bill also mandates that surrogates communicate their assumption of authority to the patient's family and provide written notice if they continue to act for more than seven days.
Health care providers are required to promptly communicate health care decisions made by surrogates to the patient and record relevant information in the patient's medical record. The bill grants surrogates the same rights as the patient to access medical information and protects health care providers and surrogates from liability for decisions made in good faith. However, it imposes penalties for intentional violations, such as falsifying or concealing patient advocate designations.
The bill repeals Section 66h of the Social Welfare Act (1939 PA 280, MCL 400.66h) and includes specific provisions for the liability of health care providers and surrogates, emphasizing the importance of acting in accordance with generally accepted health care standards. The legislation aims to ensure that incapacitated patients receive appropriate health care decisions through a structured and legally recognized surrogate decision-making process.
Co-sponsored by Reps.
Referred to the Committee on Families, Children and Seniors
