HF2753

HF2753 (Legislative Session 94 (2025-2026))

Default surrogate for health decisions created, and process to appoint default surrogate for health decisions provided.

Related bill: SF2567

AI Generated Summary

Purpose of the Bill

The bill aims to establish a system to appoint a default surrogate who can make healthcare decisions for individuals who are unable to represent themselves and have not designated a healthcare decision-maker previously.

Main Provisions

Default Surrogate: Introduces the concept of a "default surrogate" for healthcare decisions, allowing individuals or organizations to make health decisions on behalf of unrepresented individuals.
Eligibility Criteria: Lists eligible default surrogate candidates including kin, friends, healthcare agents, or other appointed representatives.
Appointment Process: Outlines a process allowing healthcare professionals to recognize an appropriate default surrogate based on familiarity with the individual’s values and ability to act in good faith.
Health Care Agent Organizations: Allows organizations to serve as healthcare agents, provided they have personnel available to make decisions for unrepresented individuals.
Presumptions and Immunities: Presumes that healthcare providers and surrogates act in good faith unless proven otherwise. Provides legal protections for healthcare providers and surrogates acting according to the bill.

Significant Changes to Existing Law

Health Care Agent Roles: Expands who can serve as a health care agent to include organizations.
Surrogate Authority: Provides legal authority for default surrogates to access patient records and make decisions without prior directives in place.
Good Faith Presumption: Establishes a presumption that decisions made by surrogates and care provided by healthcare providers are made in good faith.

Relevant Terms

Default surrogate
Health care agent
Unrepresented individual
Supported decision making
Health care directive
Kinship system

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 23, 2025	House	Floor	Action	Introduction and first reading, referred to	Health Finance and Policy
March 23, 2025	House	Floor	Action	Introduction and first reading, referred to	Health Finance and Policy

Citations

[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References definition related to designated representatives in assisted living services.",
      "modified": []
    },
    "citation": "144G.08",
    "subdivision": "subdivision 19"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References the inclusion of client representatives involved in home care.",
      "modified": []
    },
    "citation": "144A.43",
    "subdivision": "subdivision 1e"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Relates to hospice care and patient family definitions.",
      "modified": []
    },
    "citation": "144A.75",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Relates to rights of care facility residents.",
      "modified": []
    },
    "citation": "144.651",
    "subdivision": "subdivision 10"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Discusses the rights and responsibilities of designated health care decision making.",
      "modified": []
    },
    "citation": "144.6501",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Relevant to the revocation of health care directives.",
      "modified": []
    },
    "citation": "145C.09",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Related to guardianship powers over health care decisions.",
      "modified": []
    },
    "citation": "524.5-313",
    "subdivision": "paragraph c"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines supported decision making within guardianship context.",
      "modified": []
    },
    "citation": "524.5-102",
    "subdivision": "subdivision 16a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Addresses the rights and responsibilities overlapping with default surrogate decisions.",
      "modified": []
    },
    "citation": "145C.15",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Addresses specific provisions concerning pregnant patients within health care directives.",
      "modified": []
    },
    "citation": "145C.05",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Related to access to health records by designated individuals.",
      "modified": []
    },
    "citation": "144.293",
    "subdivision": "subdivision 2"
  }
]