1.1 	A bill for an act
1.2 	relating to health care; providing for patient visitation by health care agents; 
1.3 	establishing and specifying visitation rights and the right to designate a domestic 
1.4 	partner for certain purposes; amending Minnesota Statutes 2006, sections 
1.5 	144.651, subdivision 26; 145C.05; 145C.07, by adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 144.651, subdivision 26, is amended to 
1.8 	read:
1.9 		Subd. 26.Right to associate; designation of domestic partner. (a) Patients and
1.10 	residents may meet with and receive visitors and participate in activities of commercial, 
1.11 	religious, political, as defined in section 203B.11 and community groups without 
1.12 	interference at their discretion if the activities do not infringe on the right to privacy of 
1.13 	other residents or are not programmatically contraindicated. This includes:
1.14 	(1) the right to join with other individuals within and outside the facility to work for 
1.15 	improvements in long-term care;
1.16 	(2) the right to visitation by an individual the patient or resident has appointed as 
1.17 	a health care agent under chapter 145C;
1.18 	(3) the right to visitation and health care decision making by an individual designated 
1.19 	by the patient or resident under paragraph (c); and
1.20 	(4) if the patient or resident is unable to designate an individual under paragraph 
1.21 	(c) or is otherwise unable to communicate the patient's wishes with respect to visitation 
1.22 	and health care decision making, the right to visitation and health care decision making 
1.23 	by an individual who meets the criteria in paragraph (d).
1.24 	(b) Upon admission to a facility where federal law prohibits unauthorized disclosure 
1.25 	of patient or resident identifying information to callers and visitors, the patient or 
2.1 	resident, or the legal guardian or conservator of the patient or resident, shall be given the 
2.2 	opportunity to authorize disclosure of the patient's or resident's presence in the facility 
2.3 	to callers and visitors who may seek to communicate with the patient or resident. To the 
2.4 	extent possible, the legal guardian or conservator of a patient or resident shall consider the 
2.5 	opinions of the patient or resident regarding the disclosure of the patient's or resident's 
2.6 	presence in the facility. 
2.7 	(c) Upon admission to a facility, the patient or resident, or the legal guardian or 
2.8 	conservator of the patient or resident, must be given the opportunity to designate a 
2.9 	person as a domestic partner who will have the status of the patient's next of kin with 
2.10 	respect to visitation and making a health care decision. A designation must be included 
2.11 	in the patient's health record. With respect to making a health care decision, a health 
2.12 	care directive or appointment of a health care agent under chapter 145C prevails over 
2.13 	a designation made under this paragraph.
2.14 	(d) For purposes of this subdivision, "domestic partner" means one adult who shares 
2.15 	a residence with the patient and who produces documentation of a legal responsibility 
2.16 	for the patient's basic common welfare, or of joint financial commitments, including but 
2.17 	not limited to insurance or investment beneficiary designations, provision of dependent 
2.18 	health coverage, shared banking or investment accounts, or a joint mortgage. A domestic 
2.19 	partner may also be identified as such by the patient or by the patient's family whether or 
2.20 	not the other criteria in this paragraph are satisfied. "Patient" includes a person who meets 
2.21 	the definition in subdivision 2, regardless of how long the person has been admitted to a 
2.22 	facility, and includes a person who is being transported to an acute care inpatient facility 
2.23 	by an emergency medical or ambulance service or who is receiving diagnosis or treatment 
2.24 	in an emergency admissions portion of a facility.
2.25 	(e) The right to visitation under this subdivision does not apply to the extent that a 
2.26 	health care provider reasonably determines that the patient or resident must be isolated 
2.27 	from all visitors or that the presence of a visitor, domestic partner, or next of kin would 
2.28 	endanger the health or safety of the patient or resident, other patients or residents, or the 
2.29 	facility or vehicle in which care is being provided.

2.30 	Sec. 2. Minnesota Statutes 2006, section 145C.05, is amended to read:
2.31 	145C.05 SUGGESTED FORM; PROVISIONS THAT MAY BE INCLUDED.
2.32 		Subdivision 1.Content. A health care directive executed pursuant to this chapter 
2.33 	may, but need not, be in the form contained in section 145C.16. 
2.34 		Subd. 2.Provisions that may be included. (a) A health care directive may include 
2.35 	provisions consistent with this chapter, including, but not limited to:
3.1 	(1) the designation of one or more alternate health care agents to act if the named 
3.2 	health care agent is not reasonably available to serve;
3.3 	(2) directions to joint health care agents regarding the process or standards by which 
3.4 	the health care agents are to reach a health care decision for the principal, and a statement 
3.5 	whether joint health care agents may act independently of one another;
3.6 	(3) limitations, if any, on the right of the health care agent or any alternate health 
3.7 	care agents to receive, review, obtain copies of, and consent to the disclosure of the 
3.8 	principal's medical records or to visit the principal when the principal is a patient in a 
3.9 	health care facility;
3.10 	(4) limitations, if any, on the nomination of the health care agent as guardian for 
3.11 	purposes of sections 524.5-202, 524.5-211, 524.5-302, and 524.5-303; 
3.12 	(5) a document of gift for the purpose of making an anatomical gift, as set forth in 
3.13 	sections 525.921 to 525.9224, or an amendment to, revocation of, or refusal to make 
3.14 	an anatomical gift; 
3.15 	(6) a declaration regarding intrusive mental health treatment under section 253B.03, 
3.16 	subdivision 6d, or a statement that the health care agent is authorized to give consent for 
3.17 	the principal under section 253B.04, subdivision 1a; 
3.18 	(7) a funeral directive as provided in section 149A.80, subdivision 2; 
3.19 	(8) limitations, if any, to the effect of dissolution or annulment of marriage or 
3.20 	termination of domestic partnership on the appointment of a health care agent under 
3.21 	section 145C.09, subdivision 2; 
3.22 	(9) specific reasons why a principal wants a health care provider or an employee 
3.23 	of a health care provider attending the principal to be eligible to act as the principal's 
3.24 	health care agent;
3.25 	(10) health care instructions by a woman of child bearing age regarding how she 
3.26 	would like her pregnancy, if any, to affect health care decisions made on her behalf; and
3.27 	(11) health care instructions regarding artificially administered nutrition or hydration.
3.28 	(b) A health care directive may include a statement of the circumstances under 
3.29 	which the directive becomes effective other than upon the judgment of the principal's 
3.30 	attending physician in the following situations:
3.31 	(1) a principal who in good faith generally selects and depends upon spiritual means 
3.32 	or prayer for the treatment or care of disease or remedial care and does not have an 
3.33 	attending physician, may include a statement appointing an individual who may determine 
3.34 	the principal's decision-making capacity; and
3.35 	(2) a principal who in good faith does not generally select a physician or a health 
3.36 	care facility for the principal's health care needs may include a statement appointing an 
4.1 	individual who may determine the principal's decision-making capacity, provided that if 
4.2 	the need to determine the principal's capacity arises when the principal is receiving care 
4.3 	under the direction of an attending physician in a health care facility, the determination 
4.4 	must be made by an attending physician after consultation with the appointed individual.
4.5 	If a person appointed under clause (1) or (2) is not reasonably available and the 
4.6 	principal is receiving care under the direction of an attending physician in a health care 
4.7 	facility, an attending physician shall determine the principal's decision-making capacity.
4.8 	(c) A health care directive may authorize a health care agent to make health care 
4.9 	decisions for a principal even though the principal retains decision-making capacity.

4.10 	Sec. 3. Minnesota Statutes 2006, section 145C.07, is amended by adding a subdivision 
4.11 	to read:
4.12 		Subd. 5.Visitation. A health care agent may visit the principal when the 
4.13 	principal is a patient in a health care facility regardless of whether the principal retains 
4.14 	decision-making capacity, unless:
4.15 	(1) the principal has otherwise specified in the health care directive;
4.16 	(2) a principal who retains decision-making capacity indicates otherwise; or
4.17 	(3) a health care provider reasonably determines that the principal must be isolated 
4.18 	from all visitors or that the presence of the health care agent would endanger the health or 
4.19 	safety of the principal, other patients, or the facility in which the care is being provided.
4.20