SF2567

SF2567 (Legislative Session 94 (2025-2026))

Default surrogate for health decisions creation and process to appoint default surrogate for health decisions provision

Related bill: HF2753

AI Generated Summary

Purpose of the Bill

This bill seeks to establish a legal framework for appointing default surrogates to make health care decisions for individuals who are unrepresented and unable to make their own medical decisions. It creates a structured process for recognizing surrogates within Minnesota's health care system.

Main Provisions

Default Surrogate Definition: The bill defines who can serve as a default surrogate for health decisions, including individuals or organizations other than legally designated health care agents if the patient is unrepresented.
Surrogate Eligibility: Eligible surrogates can include family members, friends, appointed agents lacking the necessary powers, and professional caretakers like clergy or care managers.
Health Care Agent Organizations: It allows the designation of organizations as health care agents, provided these organizations maintain individuals ready to act as agents.
Unrepresented Individuals: Defines unrepresented individuals as adults who lack a proper health care directive, have revoked their agent, or have no agent available, among other criteria.
Protections and Immunities: Grants immunity from prosecution or civil liability to health care agents and providers acting in good faith, as well as surrogates recognized under the proposed guidelines.
Legal and Health Provider Procedure: Establishes procedures and requirements for a health care provider to follow when utilizing a surrogate to ensure decisions align with the unrepresented individual's values and choices.

Significant Changes to Existing Law

Recognition of Surrogates: Introduces a new legal category of default surrogates for health care decisions, expanding decision-making options beyond traditional health care power of attorneys.
Updating Definitions: Adds new terms and updates definitions within existing statutes to integrate the role of default surrogates.

Relevant Terms

Default surrogate
Health care agent
Unrepresented individuals
Kinship system
Health care directive
Good faith actions
Decision-making capacity

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 12, 2025	Senate	Floor	Action	Introduction and first reading
March 12, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Part of Minnesota statutes detailing definitions related to hospice care and patient rights.",
      "modified": []
    },
    "citation": "144G.08"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines terms related to home care and hospice services under Minnesota law.",
      "modified": []
    },
    "citation": "144A.43"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Covers regulations surrounding hospice care in Minnesota statutes.",
      "modified": []
    },
    "citation": "144A.75"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "States the health care bill of rights for patients and residents in Minnesota.",
      "modified": []
    },
    "citation": "144.651"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Addresses responsibilities and rights concerning patient health information and privacy.",
      "modified": []
    },
    "citation": "144.6501"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Chapter of Minnesota statutes pertaining to the Power of Attorney.",
      "modified": []
    },
    "citation": "523"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Part of the statutes dealing with guardianship and the powers of a guardian.",
      "modified": []
    },
    "citation": "524.5-313"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Details provisions related to the effect of health care directives in the absence of a directive.",
      "modified": []
    },
    "citation": "145C.15"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Discusses what must be included in a health care directive under Minnesota law.",
      "modified": []
    },
    "citation": "145C.05"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Outlines procedures for revocation of a health care directive.",
      "modified": []
    },
    "citation": "145C.09"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Outlines the capacity requirements to execute a health care directive.",
      "modified": []
    },
    "citation": "145C.02"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Involves protection and access to patient records in Minnesota.",
      "modified": []
    },
    "citation": "144.293"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Federal regulation concerning general rules for disclosures of electronic health records.",
      "modified": []
    },
    "citation": "45 CFR 164.502"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Federal regulation detailing uses and disclosures requiring an opportunity for the individual to agree or object.",
      "modified": []
    },
    "citation": "45 CFR 164.510"
  }
]