SF 1398

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health care; providing for patient visitation by health care agents;
establishing and specifying visitation rights and the right to designate a domestic
partner for certain purposes; amending Minnesota Statutes 2006, sections
144.651, subdivision 26; 145C.05; 145C.07, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 144.651, subdivision 26, is amended to
read:

Subd. 26.

Right to associate new text begin ; designation of domestic partner new text end .

new text begin (a) new text end new text begin Patients and new text end
residents may meet with new text begin and receive new text end visitors and participate in activities of commercial,
religious, political, as defined in section 203B.11 and community groups without
interference at their discretion if the activities do not infringe on the right to privacy of
other residents or are not programmatically contraindicated. This includes new text begin : new text end

new text begin (1) new text end the right to join with other individuals within and outside the facility to work for
improvements in long-term care new text begin ;
new text end

new text begin (2) the right to visitation by an individual the patient or resident has appointed as
a health care agent under chapter 145C;
new text end

new text begin (3) the right to visitation and health care decision making by an individual designated
by the patient or resident under paragraph (c); and
new text end

new text begin (4) if the patient or resident is unable to designate an individual under paragraph (c)
or is otherwise unable to communicate the patient's wishes with respect to visitation and
the right to visitation by an individual who meets the criteria in paragraph (d) new text end .

new text begin (b) new text end Upon admission to a facility where federal law prohibits unauthorized disclosure
of patient or resident identifying information to callers and visitors, the patient or
resident, or the legal guardian or conservator of the patient or resident, shall be given the
opportunity to authorize disclosure of the patient's or resident's presence in the facility
to callers and visitors who may seek to communicate with the patient or resident. To the
extent possible, the legal guardian or conservator of a patient or resident shall consider the
opinions of the patient or resident regarding the disclosure of the patient's or resident's
presence in the facility.

new text begin (c) Upon admission to a facility, the patient or resident, or the legal guardian or
conservator of the patient or resident, must be given the opportunity to designate a
person as a domestic partner who will have the status of the patient's next of kin with
respect to visitation and making a health care decision. A designation must be included
in the patient's health record. With respect to making a health care decision, a health
care directive or appointment of a health care agent under chapter 145C prevails over
a designation made under this paragraph.
new text end

new text begin (d) For purposes of this subdivision, "domestic partner" means one adult who has
entered into a committed interdependent relationship with another adult where the partners:
new text end

new text begin (1) are responsible for each other's basic common welfare;
new text end

new text begin (2) share a common residence and intend to do so indefinitely;
new text end

new text begin (3) are not related by blood or adoption to an extent that would prohibit marriage in
this state; and
new text end

new text begin (4) are legally competent and qualified to enter into a contract.
new text end

new text begin For purposes of clause (2), domestic partners may share a common residence, even
if they do not each have a legal right to possess the residence or one or both domestic
partners possess additional real property. If one domestic partner temporarily leaves the
common residence with the intention to return, the domestic partners continue to share a
common residence for the purposes of this subdivision. The patient or the patient's family
may also identify an adult as a domestic partner regardless of whether the criteria in this
paragraph are satisfied.
new text end

new text begin "Patient" includes a person who meets the definition in subdivision 2, regardless of
how long the person has been admitted to a facility, and includes a person who is being
transported to an acute care inpatient facility by an emergency medical or ambulance
service or who is receiving diagnosis or treatment in an emergency admissions portion of
a facility.
new text end

new text begin (e) The right to visitation under this subdivision does not apply to the extent that a
health care provider reasonably determines that the patient or resident must be isolated
from all visitors or that the presence of a visitor, domestic partner, or next of kin would
endanger the health or safety of the patient or resident, other patients or residents, or the
facility or vehicle in which care is being provided.
new text end

Sec. 2.

Minnesota Statutes 2006, section 145C.05, is amended to read:

145C.05 SUGGESTED FORM new text begin ; PROVISIONS THAT MAY BE INCLUDED new text end .

Subdivision 1.

Content.

A health care directive executed pursuant to this chapter
may, but need not, be in the form contained in section 145C.16.

Subd. 2.

Provisions that may be included.

(a) A health care directive may include
provisions consistent with this chapter, including, but not limited to:

(1) the designation of one or more alternate health care agents to act if the named
health care agent is not reasonably available to serve;

(2) directions to joint health care agents regarding the process or standards by which
the health care agents are to reach a health care decision for the principal, and a statement
whether joint health care agents may act independently of one another;

(3) limitations, if any, on the right of the health care agent or any alternate health
care agents to receive, review, obtain copies of, and consent to the disclosure of the
principal's medical records new text begin or to visit the principal when the principal is a patient in a
health care facility new text end ;

(4) limitations, if any, on the nomination of the health care agent as guardian for
purposes of sections 524.5-202, 524.5-211, 524.5-302, and 524.5-303;

(5) a document of gift for the purpose of making an anatomical gift, as set forth in
sections 525.921 to 525.9224, or an amendment to, revocation of, or refusal to make
an anatomical gift;

(6) a declaration regarding intrusive mental health treatment under section 253B.03,
subdivision 6d, or a statement that the health care agent is authorized to give consent for
the principal under section 253B.04, subdivision 1a;

(7) a funeral directive as provided in section 149A.80, subdivision 2;

(8) limitations, if any, to the effect of dissolution or annulment of marriage or
termination of domestic partnership on the appointment of a health care agent under
section 145C.09, subdivision 2;

(9) specific reasons why a principal wants a health care provider or an employee
of a health care provider attending the principal to be eligible to act as the principal's
health care agent;

(10) health care instructions by a woman of child bearing age regarding how she
would like her pregnancy, if any, to affect health care decisions made on her behalf; and

(11) health care instructions regarding artificially administered nutrition or hydration.

(b) A health care directive may include a statement of the circumstances under
which the directive becomes effective other than upon the judgment of the principal's
attending physician in the following situations:

(1) a principal who in good faith generally selects and depends upon spiritual means
or prayer for the treatment or care of disease or remedial care and does not have an
attending physician, may include a statement appointing an individual who may determine
the principal's decision-making capacity; and

(2) a principal who in good faith does not generally select a physician or a health
care facility for the principal's health care needs may include a statement appointing an
individual who may determine the principal's decision-making capacity, provided that if
the need to determine the principal's capacity arises when the principal is receiving care
under the direction of an attending physician in a health care facility, the determination
must be made by an attending physician after consultation with the appointed individual.

If a person appointed under clause (1) or (2) is not reasonably available and the
principal is receiving care under the direction of an attending physician in a health care
facility, an attending physician shall determine the principal's decision-making capacity.

(c) A health care directive may authorize a health care agent to make health care
decisions for a principal even though the principal retains decision-making capacity.

Sec. 3.

Minnesota Statutes 2006, section 145C.07, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Visitation. new text end

new text begin A health care agent may visit the principal when the
principal is a patient in a health care facility regardless of whether the principal retains
decision-making capacity, unless:
new text end

new text begin (1) the principal has otherwise specified in the health care directive;
new text end

new text begin (2) a principal who retains decision-making capacity indicates otherwise; or
new text end

new text begin (3) a health care provider reasonably determines that the principal must be isolated
from all visitors or that the presence of the health care agent would endanger the health or
safety of the principal, other patients, or the facility in which the care is being provided.
new text end