Michigan House Bill HB4418

Michigan 2025-2026 Regular Session

• Introduced: 5/1/25
• Refer: 5/1/25
• Report Pass: 6/11/25

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). TIE BAR WITH: HB 4419'25

Impact

If passed, HB 4418 would significantly impact how health care decisions are made for individuals who are unable to advocate for themselves. It lays out who can serve as a surrogate and establishes guidelines to ensure that these individuals act in accordance with the principles of fiduciary duty, prioritizing the best interests of the patient. The bill requires that any designation of a surrogate be formally documented in the patient's medical record, thereby increasing the accountability of surrogate decision-makers.

Summary

House Bill 4418 aims to amend the Estates and Protected Individuals Code to provide a clear legal framework for surrogate decision makers in health care scenarios. This legislation introduces Part 6, 'Surrogate Decision Makers for Health Care,' which defines the roles and responsibilities of individuals tasked with making health decisions when a patient is incapacitated. It emphasizes the importance of respecting the patient's known desires and ensures that decisions made by surrogates align with what the patient would have chosen if able.

Conclusion

Overall, HB 4418 aims to balance patient autonomy with necessary medical interventions, providing clearer guidelines for surrogates while protecting patient rights. This legislation could pave the way for a more structured and equitable approach to health care decision-making for incapacitated individuals across Michigan.

Contention

Notably, there may be a point of contention regarding who qualifies to act as a surrogate and the necessary protocols for revoking or appointing a surrogate. The bill specifies that a potential surrogate may not be a health care provider currently treating the patient, aligning with ethical considerations in medical decision-making. However, concerns could arise about the interpretation of a patient's best interests and how accurately surrogates can reflect these wishes, particularly if there are multiple family members with differing opinions.