HB 825: Generally revise laws related to health care proxy decisionmakers - Montana

HB0825_X(1).pdf → HB0825_X(2).pdf · 4 edits

MODERATE

The bill adds a new right for patients to receive clear information about their diagnosis and treatment. It also grants patients the right to know if hospital policies might prevent them from using their advance directives or chosen decision-makers. Additionally, the bill clarifies the hierarchy for selecting a trusted decision-maker and updates the conditions under which such a decision-maker remains in place.

Scope change

The bill's scope expanded to include specific patient rights regarding information disclosure and hospital policy limitations on advance care planning.

REQUIREMENT

Patients now have a right to receive relevant, current, and understandable information about their diagnosis, treatment, and prognosis from caregivers.

Patients are entitled to timely information if hospital policies limit their ability to implement advance directives or use surrogate decision-makers.

DEFINITION

The duration for which a trusted decision-maker remains in place was clarified to include completion of a medical durable power of attorney.

ELIGIBILITY

The hierarchy for selecting a decision-maker was renumbered and updated to remove redundant references to 'advanced advance medical directive' and adjust the order of priority.

HB0825_2(4).pdf → HB0825_X.pdf · 4 edits

MODERATE

This bill updates the Montana Health Care Proxy Act to establish a new process where patients can designate a 'trusted decisionmaker' while still in a hospital, before they lose capacity. It creates a legal hierarchy for selecting decisionmakers, ensuring the patient's chosen trusted contact is considered before default family members are selected. The changes aim to respect patient autonomy and reduce conflicts among family members during medical emergencies.

Scope change

The bill expands the scope of patient autonomy by allowing designation of a trusted decisionmaker prior to loss of capacity, whereas previously such designations often occurred only after capacity was lost or relied on default family hierarchies.

REQUIREMENT

Added a new mechanism allowing patients to designate a 'trusted decisionmaker' while they still have decisional capacity, requiring hospital staff to document this choice and notify family.

Established a specific hierarchy for selecting decisionmakers, prioritizing the patient's designated trusted decisionmaker over default family members like spouses or adult children.

ELIGIBILITY

Modified the conditions under which a lay proxy or medical proxy can be selected, restricting them to situations where the patient's designated trusted decisionmaker cannot be contacted.

DEFINITION

Updated the statutory language to formally recognize the 'trusted decisionmaker' role and its precedence in the decision-making hierarchy.

HB0825_1(8).pdf → HB0825_2.pdf · 4 edits

MODERATE

This bill modifies the hierarchy for selecting a patient's healthcare decision-maker, specifically adding a new 'trusted decisionmaker' category that takes priority over spouses and children. It also introduces a new requirement for healthcare providers to witness this designation with a third party and notify the patient's family. These changes aim to formalize and prioritize patient-chosen trusted individuals in medical decision-making processes.

Scope change

The scope of the bill expands to include a new class of decision-makers ('trusted decisionmakers') who are designated by the patient and witnessed by a third party, altering the order in which decision-makers are selected when a patient lacks capacity.

ELIGIBILITY

Added a new 'trusted decisionmaker' category that can be designated by the patient at any time before they lose decisional capacity, taking precedence over spouses and adult children in the selection hierarchy.

Reordered the hierarchy of decision-makers so that a designated trusted decisionmaker is selected before a spouse, adult child, parent, or sibling.

REQUIREMENT

Required healthcare providers to ensure the patient's designation of a trusted decisionmaker is witnessed by a third party (such as a friend or family member) and to notify the patient's family of this designation.

Added specific documentation requirements for the trusted decisionmaker, including their identity and contact information, within the patient's health record.

LC2893.pdf → HB0825_1.pdf · 3 edits

MINOR

The bill was renumbered from LC 2893 to HB 825, indicating a formal change in the legislative process, likely due to a new introduction or amendment. The text of the bill itself appears largely unchanged, with the primary modifications being the update of the bill number and the addition of an 'Authorized Print Version' label to the headers.

TECHNICAL

The bill number was changed from LC 2893 to HB 825 in the header and page footers.

The phrase 'Authorized Print Version' was added to the page headers.

The placeholder text for the primary sponsor's name was replaced with the specific name 'M. CUNNINGHAM'.

Generally revise laws related to health care proxy decisionmakers

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