DIGNIFIED DEATH ACT S.B. 1102 (S-4): FLOOR ANALYSIS
Senate Bill 1102 (Substitute S-4 as reported) Sponsor: Senator Dale L. Shugars
Committee: Families, Mental Health and Human Services
The bill would amend the Public Health Code to add Part 56A, to be known as the “Michigan Dignified Death Act”, which would require that physicians inform terminally ill patients of the following:
-- The recommended medical treatments, including palliative care services, and alternative treatments and their risks.
-- Their rights to designate a patient advocate and to make an informed decision concerning medical treatment.
-- That neither they nor any other individuals may assist a patient in committing suicide.
The bill also would require the Department of Community Health to publish a written summary of required information; prohibit certain conduct by life and health insurers and benefits plans; prohibit an individual through fraud from causing or attempting to cause a patient or his or her advocate or surrogate to make a medical decision that resulted in the death of the patient with the intent to benefit financially from the outcome of the decision; and specify that a violation of the fraud prohibition would be a felony, punishable by imprisonment for up to four years or a fine of up to
$2,000, or both.
MCL 333.16221 et al. Legislative Analyst: L. Burghardt
The bill would require the Department of Consumer and Industry Services to make the required written summary available to all physicians through their licensing boards. It is estimated that meeting this requirement could cost the Department as much as $10,000 for postage.
Additionally, the Department would be responsible for investigating any complaints of health providers who violated the bill. Although it is difficult to predict the actual number of complaints that could be filed, the Department estimates that an investigation of this type costs an average of
$5,000 and can cost as much as $20,000 depending on the extent of the investigation. There would be no fiscal impact on the Department of Community Health.
Date Completed: 10-1-96 Fiscal Analyst: M. Tyszkiewicz
P. Graham
floor\sb1102
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.