Michigan Laws 700.5512 – Restrictions
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Terms Used In Michigan Laws 700.5512
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Patient advocate: means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506. See Michigan Laws 700.1106
- Patient advocate designation: means the written document executed and with the effect as described in section 5506 to 5515. See Michigan Laws 700.1106
(1) A patient advocate cannot make a medical treatment decision under the authority of or under the process created by this section and section 5506 to 5511 to withhold or withdraw treatment from a pregnant patient that would result in the pregnant patient’s death.
(2) A health care provider shall not require a patient advocate designation to be executed as a condition of providing, withholding, or withdrawing care, custody, or medical or mental health treatment.
(3) A life or health insurer shall not do any of the following because of the execution or implementation of a patient advocate designation or because of the failure or refusal to execute or implement such a designation:
(a) Refuse to provide or continue coverage to the patient.
(b) Limit the amount of coverage available to a patient.
(c) Charge a patient a different rate.
(d) Consider the terms of an existing policy of life or health insurance to have been breached or modified.
(e) Invoke a suicide or intentional death exemption or exclusion in a policy covering the patient.
(4) A patient advocate designation shall not be construed to condone, allow, permit, authorize, or approve suicide or homicide.
(5) Except as provided in subsections (2) and (3), sections 5506 to 5515 only apply to or affect an individual who has executed a patient advocate designation or an individual acting for or on behalf of another individual who has executed a patient advocate designation.
(6) Nothing in sections 5506 to 5515 shall be considered to authorize or compel care, custody, or medical or mental health treatment decisions for a patient who objects on religious grounds.
(7) A designation executed before the effective date of this section with the intent of accomplishing a similar purpose as this section is valid but is subject to section 5506(1) and sections 5507 to 5515; must be in writing, signed, witnessed or notarized, dated, and executed voluntarily; and, before its implementation, must be made part of the patient’s medical or, as applicable, mental health treatment record.