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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

This bill, Senate File No. 2567, proposes amendments to Minnesota Statutes Chapter 145C to establish a default surrogate decision-making process for health care decisions when an individual does not have a designated health care agent and lacks decision-making capacity.

Key Provisions:

  1. Default Surrogate for Health Decisions

    • Establishes a mechanism for appointing a default surrogate to make health care decisions for an unrepresented individual (i.e., someone without a health care directive or available health care agent).
    • Default surrogates may include:
      • Kinship system members (family, religious, or ethnic communities).
      • Friends who show good faith concern.
      • Health care agent organizations (entities with individuals available for such roles).
      • Individuals designated in other capacities, such as care managers, professional advocates, clergy, representatives under other laws (e.g., power of attorney), or social supporters.

  2. Definition of Terms

    • Health Care Agent Organization: An entity that can be appointed to serve as a health care agent.
    • Friends: Adults who are familiar with and supportive of the unrepresented individual.
    • Kinship System: A broad network of social relationships, including religious or ethnic community ties.
    • Unrepresented Individual: An adult lacking a valid health care directive or appointed agent, or whose agent is unavailable or lacks the necessary authority.

  3. Appointment Process for Default Surrogate

    • A physician, advanced practice registered nurse (APRN), or physician assistant (PA) may recognize a surrogate after ensuring:
      • The individual meets the definition of an unrepresented individual.
      • The surrogate is willing, available, and familiar with the individual's values.
      • The appointment is documented, including the rationale.

  4. Legal Presumptions & Protections

    • Establishes a presumption of good faith for health care agents, default surrogates, and providers acting under this law.
    • Immunity from criminal prosecution, civil liability, or professional disciplinary action for those acting in compliance with the statute.
    • Details access to medical records for recognized default surrogates under state and federal privacy laws (e.g., HIPAA).

  5. Special Provisions for Pregnant Patients

    • If a pregnant patient lacks decision-making capacity, providers must presume she would want life-sustaining care if it could result in a live birth.
    • This presumption can be overridden by:
      • A specific directive from the individual before incapacity.
      • Clear and convincing evidence to the contrary.

Summary:

This bill creates a structured process for appointing default surrogates to make health care decisions for unrepresented individuals, ensuring their preferences are respected while protecting healthcare providers and surrogates from legal liability when acting in good faith. It expands the definition of potential decision-makers beyond legally appointed agents to friends, community members, and professionals who have a meaningful relationship with the patient.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 13, 2025SenateFloorActionIntroduction and first reading
March 13, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 144G.08, subdivision 19, is referenced in the context of identifying potential default surrogates for health care decisions.",
      "modified": []
    },
    "citation": "144G.08",
    "subdivision": "subdivision 19"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section might relate to individuals who can act as default surrogates for health care decisions.",
      "modified": []
    },
    "citation": "144A.43",
    "subdivision": "subdivision 1e"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 144A.75, subdivision 7, is mentioned as a possible qualification for an individual to act as a surrogate for health care decisions.",
      "modified": []
    },
    "citation": "144A.75",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is included in the bill to outline potential individuals to act as surrogates, specifically under health care provider contexts.",
      "modified": []
    },
    "citation": "144.651",
    "subdivision": "subdivision 10"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference is made to section 144.6501 highlighting certain designated individuals as eligible to act as surrogates for health decisions.",
      "modified": []
    },
    "citation": "144.6501",
    "subdivision": "subdivision 1, paragraph 'e'"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 524.5-313, paragraph 'c', relates to the powers granted within a guardianship concerning health care decisions.",
      "modified": []
    },
    "citation": "524.5-313",
    "subdivision": "paragraph 'c'"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in determining the capacity of an individual to execute a health care directive.",
      "modified": []
    },
    "citation": "145C.02",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 145C.09 is mentioned regarding the revocation of a health care power of attorney.",
      "modified": []
    },
    "citation": "145C.09",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This citation relates to when a health care power of attorney becomes effective.",
      "modified": []
    },
    "citation": "145C.06",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 145C.15 is referenced concerning the rights or responsibilities to consent in the absence of a health care directive.",
      "modified": []
    },
    "citation": "145C.15",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Specific provisions of a health care directive described under this citation negate the presumption of health care wishes during pregnancy.",
      "modified": []
    },
    "citation": "145C.05",
    "subdivision": "subdivision 2, paragraph 'a', clause 10"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference is made to this section for eligibility criteria for serving as a health care agent.",
      "modified": []
    },
    "citation": "145C.03",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section pertains to authorization in law for access to patient records relevant to health care decisions.",
      "modified": []
    },
    "citation": "144.293",
    "subdivision": "subdivision 2, clause 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The definition of supported decision-making is outlined in this statute section.",
      "modified": []
    },
    "citation": "524.5-102",
    "subdivision": "subdivision 16a"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors