Vote Smart's Synopsis:

Vote to pass a bill which establishes regulations regarding estates and protected individuals in Michigan.

Highlights:

• Amends and further refines the legal framework that supports Michigan residents in managing their estates and safeguarding their rights (Sec. 5605).

• Specifies that a health care provider or facility or agency acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or facility or agency is not subject to civil or criminal liability or to discipline for unprofessional conduct for any of the following (Sec. 5605):

• Complying with a health care decision of a person apparently having authority to make a health care decision for a patient under this section;

• Declining to comply with a health care decision of a person claiming to be the surrogate based on a belief that the person lacked authority;

• Complying with a designation of patient advocate and assuming the designation of patient advocate was valid when made and has not been revoked or terminated;

• An individual acting as patient advocate, guardian, or surrogate under this act is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.

• Specifies a health care provider or facility or agency that intentionally violates this part is subject to liability to the aggrieved individual for damages of $1,000.00 or actual damages resulting from this violation, whichever is greater, plus reasonable attorney fees (Sec. 5605).

• Specifies a person that intentionally falsifies, forges, conceals,  defaces, or obliterates an individual's designation of patient advocate or a revocation of a designation of patient advocate without the individual's consent, or who fraudulently induces an individual to give, revoke, or not give an advance health care directive, is subject to liability to that individual for damages of $2,500.00 or actual damages resulting from the action, whichever is greater, plus reasonable attorney fees (Sec. 5606).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor and subsequent passage of H.B. 4418 as well (Sec. 5606).

Full Bill Text
Full Bill Text

Full Bill Text