Michigan House Bill HB5833

Michigan 2023-2024 Regular Session

• Introduced: 6/25/24
• Refer: 6/25/24
• Report Pass: 12/3/24
• Engrossed: 12/13/24
• Refer: 12/18/24

Caption

Probate: other; designation of a patient surrogate for health care decisions; allow. Amends 1998 PA 386 (MCL 700.1101 - 700.8206) by adding pt. 6 to art. V & repeals sec. 66h of 1939 PA 280 (MCL 400.66h).

Impact

By establishing guidelines for who can act as a surrogate, HB5833 aims to streamline health care decisions, ensuring that a patient’s values and preferences are respected. The bill allows for flexibility in who may serve as a surrogate while prohibiting individuals with potential conflicts of interest, such as health care providers associated with the patient, from taking on the role. This could reduce legal uncertainty surrounding patient care and improve the quality of health care delivery. It also emphasizes the need for clear communication among health professionals, patients, and their families.

Summary

House Bill 5833 introduces significant amendments to Michigan's Estates and Protected Individuals Code, specifically focusing on the designation of surrogate decision-makers for health care. The bill allows a surrogate to make health care decisions on behalf of patients who are unable to act for themselves, filling a vital gap in the state's health care decision-making framework. This new provision clarifies the authority of surrogates and the process by which they can be designated, aiming to ensure that patients' medical needs are met even when they cannot communicate their wishes directly.

Sentiment

The sentiment surrounding HB5833 appears largely supportive among health care professionals and patient advocacy groups who contend that the bill will enhance patient autonomy and ensure that medical decisions reflect the true desires of individuals. The clarity it brings to surrogate authority addresses longstanding concerns in medical ethics and law regarding who should make decisions when patients are incapacitated.

Contention

Notable points of contention could arise regarding the implementation of the surrogate designation process, particularly in situations where disputes occur amongst family members about who should act as the surrogate. The bill includes mechanisms for handling such disputes, allowing for court intervention if necessary. This aspect might lead to delays in decision-making in urgent health scenarios, which some critics worry could diminish the bill's efficacy in critical care situations.