HF2753

HF2753 (Legislative Session 94 (2025-2026))

Default surrogate for health decisions created, and process to appoint default surrogate for health decisions provided.

Related bill: SF2567

AI Generated Summary

Purpose of the Bill

This bill aims to address situations where individuals are unable to make health care decisions due to their lack of capacity and do not have a pre-existing health care directive or appointed agent. It seeks to establish a process for appointing a "default surrogate" to make health decisions on behalf of these unrepresented individuals.

Main Provisions

Default Surrogate Rules: The bill outlines who can serve as a default surrogate, including individuals within the unrepresented person's social or kinship network, friends, appointed representatives, or professional supporters like clergy and care managers.
Health Care Agent Organizations: The bill allows for organizations to be appointed as health care agents, provided they have a group of individuals ready to serve.
Unrepresented Individuals Definition: Establishes what constitutes an unrepresented individual, focusing on adults who either have no health care directive, have revoked such a directive, or whose designated health care agent is unavailable or unauthorized.
Health Decisions Procedure: Health care providers like physicians and nurse practitioners can recognize and consult a default surrogate when the unrepresented individual lacks capacity and does not object.
Legal Presumptions and Immunities: Provides legal protections for health care providers and surrogates acting in good faith, presuming directives are valid and applicable unless evidence shows otherwise.

Significant Changes to Existing Law

Amendments to Statutes: Adds subdivisions to existing statutes to define roles and responsibilities regarding health care surrogates and directives.
Introduction of New Concepts: Introduces the concept of health care agent organizations and formally recognizes the role of default surrogates in health care decision-making processes.
Legal Presumptions: Expands legal presumptions regarding health care decisions, including default surrogates acting in good faith and the validity of health care directives.

Relevant Terms

Default Surrogate
Unrepresented Individual
Health Care Agent
Health Care Agent Organization
Health Care Directive
Kinship System
Capacity for Health Decisions
Legal Immunity

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 23, 2025	House	Floor	Action	Introduction and first reading, referred to	Health Finance and Policy

Citations

[
  {
    "analysis": {
      "added": [
        "Includes designated representatives as eligible individuals for default surrogate. "
      ],
      "removed": [
        ""
      ],
      "summary": "This bill refers to the designated representative roles under section 144G.08.",
      "modified": [
        ""
      ]
    },
    "citation": "144G.08",
    "subdivision": "subdivision 19"
  },
  {
    "analysis": {
      "added": [
        "Includes client representatives as eligible individuals for default surrogate."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill refers to client representatives roles under section 144A.43.",
      "modified": [
        ""
      ]
    },
    "citation": "144A.43",
    "subdivision": "subdivision 1e"
  },
  {
    "analysis": {
      "added": [
        "Includes hospice patient's family members as eligible individuals for default surrogate."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill refers to hospice patient family roles under section 144A.75.",
      "modified": [
        ""
      ]
    },
    "citation": "144A.75",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [
        "Includes individuals identified in section 144.651 as eligible for default surrogate roles."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill refers to individual roles under section 144.651.",
      "modified": [
        ""
      ]
    },
    "citation": "144.651",
    "subdivision": "subdivision 10"
  },
  {
    "analysis": {
      "added": [
        "Includes responsible parties as eligible individuals for default surrogate."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill refers to responsible party roles under section 144.6501.",
      "modified": [
        ""
      ]
    },
    "citation": "144.6501",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        "Includes conditions under which a healthcare directive or power of attorney can be revoked."
      ],
      "removed": [
        ""
      ],
      "summary": "This legislation discusses revocations under section 145C.09.",
      "modified": [
        ""
      ]
    },
    "citation": "145C.09",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Specifies conditions under which healthcare decisions are subject to guardianship provisions."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill refers to the guardianship roles specified in section 524.5-313.",
      "modified": [
        ""
      ]
    },
    "citation": "524.5-313",
    "subdivision": "paragraph c"
  },
  {
    "analysis": {
      "added": [
        "Outlines requirements for executing a healthcare directive when the individual lacks decision-making capacity."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill discusses the capacity criteria under section 145C.02.",
      "modified": [
        ""
      ]
    },
    "citation": "145C.02",
    "subdivision": ""
  }
]