Michigan Senate approves patient advocate law defining rights and responsibilities

Michigan Senate Bill 33, introduced on February 4, 2025, aims to clarify and expand the role of patient advocates in healthcare settings. The bill outlines the authority, rights, and responsibilities of individuals designated as patient advocates, particularly in making critical medical decisions on behalf of patients.

The primary purpose of Senate Bill 33 is to ensure that patient advocates can make informed decisions regarding treatment options, including the withholding or withdrawal of life-sustaining treatment, but only if the patient has clearly expressed such wishes. This provision seeks to address the complexities surrounding end-of-life care and the need for advocates to act in the best interests of patients, particularly those unable to communicate their preferences due to medical conditions.

Key provisions of the bill include the stipulation that patient advocates cannot receive compensation for their role, although they may be reimbursed for necessary expenses incurred while performing their duties. Additionally, the bill emphasizes that patient advocates must adhere to fiduciary standards of care, ensuring that they act consistently with the known desires of the patient.

The legislation also allows patients to revoke their designation of a patient advocate at any time, providing them with control over who makes decisions on their behalf. However, patients can waive their right to revoke this designation concerning mental health treatment decisions for a specified period, adding a layer of complexity to the decision-making process.

Debates surrounding the bill have focused on the ethical implications of allowing advocates to make life-ending decisions and the potential for misinterpretation of a patient's wishes. Critics argue that the bill may lead to unintended consequences if patient desires are not adequately documented or understood. Supporters, however, contend that the bill empowers patients and ensures their voices are heard, even when they cannot speak for themselves.

The implications of Senate Bill 33 are significant, as it addresses a critical aspect of patient autonomy and healthcare decision-making. Experts suggest that the bill could lead to more personalized care and better alignment of treatment with patient values, but it also raises questions about the safeguards needed to protect vulnerable patients.

As the legislative process continues, stakeholders from various sectors, including healthcare providers, patient advocacy groups, and legal experts, are expected to weigh in on the bill's provisions and potential impacts on patient care in Michigan. The outcome of this bill could reshape the landscape of patient advocacy and decision-making in healthcare settings across the state.