Michigan House Bill HB4419

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 secs. 5605 & 5606. TIE BAR WITH: HB 4418'25

Impact

In addition to shielding health care providers from liability, the bill establishes regulations regarding those acting as patient advocates or surrogates. Individuals serving in these roles are similarly protected from liability as long as they act in good faith. This will likely encourage more individuals to take on the responsibility of being patient advocates, thereby enhancing patient autonomy and ensuring that individuals receive care aligned with their preferences and values, even when they are unable to communicate their intentions.

Summary

House Bill 4419 aims to amend the Estates and Protected Individuals Code in Michigan by introducing new provisions pertaining to surrogate decision makers in health care. The bill specifically outlines that health care providers, facilities, and agencies acting in good faith, in accordance with established health care standards, will not face civil or criminal liability when complying with decisions made by someone designated as a surrogate or patient advocate. This aspect is significant as it provides legal protection to health care professionals when they rely on the authority of designated individuals to make health care decisions on behalf of patients who cannot do so themselves.

Contention

A notable provision of the bill is its stance against intentional misconduct; health care providers or agencies that intentionally violate these guidelines face significant penalties. This includes financial damages for those who falsify or manipulate designations of patient advocates or advance health care directives. Such provisions aim to deter potential abuse and maintain the integrity of surrogate decision-making processes, thereby ensuring that patients' rights and wishes are honored efficiently and ethically.