Michigan Medical Good Faith Provisions Act - Passes Senate & House

Earlier this week, the Michigan House passed S.B. 165.  It looks like the bill is now on its way to Michigan Governor Rick Snyder.  



As I have explained elsewhere (e.g. here), this legislation does not really change hospitals' legal obligations.  The PSDA already requires almost every U.S. hospital to disclose its futility / non-beneficial treatment policies. 



Here are the provisions of the Michigan bill.  Oddly, it looks like it only applies to patients and guardians but not to agents or surrogates:



SEC. 20401. THIS PART SHALL BE KNOWN AND MAY BE CITED AS THE "MEDICAL GOOD-FAITH PROVISIONS ACT".



SEC. 20403. (1) UPON THE REQUEST OF A PATIENT OR RESIDENT OR A PROSPECTIVE PATIENT OR RESIDENT, A HEALTH FACILITY OR AGENCY SHALL DISCLOSE IN WRITING ANY POLICIES RELATED TO A PATIENT OR RESIDENT OR THE SERVICES A PATIENT OR RESIDENT MAY RECEIVE INVOLVING LIFE-SUSTAINING OR NON-BENEFICIAL TREATMENT WITHIN THAT HEALTH FACILITY OR AGENCY.



(2) IF THE PATIENT OR RESIDENT OR PROSPECTIVE PATIENT OR RESIDENT IS A MINOR [OR WARD], THE HEALTH FACILITY OR AGENCY SHALL [UPON REQUEST] PROVIDE IN WRITING THE POLICIES DESCRIBED IN SUBSECTION (1) TO A PARENT OR LEGAL GUARDIAN OF THE PATIENT OR RESIDENT OR PROSPECTIVE PATIENT OR RESIDENT.



SEC. 20405. THIS PART DOES NOT REQUIRE A HEALTH FACILITY OR AGENCY TO ESTABLISH OR MAINTAIN A POLICY DESCRIBED IN SECTION 20403 THAT IS NOT ALREADY REQUIRED BY FEDERAL OR STATE LAW ON THE EFFECTIVE DATE OF THIS PART.