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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

Actions

DateChamberWhereTypeNameCommittee Name
March 13, 2025SenateActionIntroduction and first reading
March 13, 2025SenateActionReferred toJudiciary 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"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors