C.R.S. § 15-18.5-104 Surrogate Decision-Makers For Health-Care Benefits

• Library: Colorado Statutes
• Edition: 2023
• Currency: Current through 2023 Regular and 1st Extraordinary Session
• Year: 2023
• Citation: C.R.S. § 15-18.5-104

(1) A proxy decision-maker for medical treatment selected in accordance with section 15-18.5-103 or a person with the right to act as a surrogate decision-maker in a designated beneficiary agreement made pursuant to article 22 of this title shall have authority to make health-care benefit decisions on behalf of an adult patient and may be known additionally as a surrogate decision-maker for health-care benefits.

(2) A court or the attending physician may make the determination that a person lacks the decisional capacity to make health-care benefit decisions. The determination shall be documented in such patient's medical record. The determination may also be made by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically. The advanced practice registered nurse shall document in the patient's record the name of the physician with whom the advanced practice registered nurse collaborated. The attending physician or nurse shall make specific findings regarding the cause, nature, and projected duration of the person's lack of decisional capacity regarding health-care benefit decisions. Such determination and findings shall be documented in the person's medical record.

(3) Upon a determination that an adult patient lacks decisional capacity to make health-care benefit decisions, the attending physician, advanced practice registered nurse, or the physician's or nurse's designee shall make reasonable efforts to notify the patient of the patient's lack of decisional capacity. In addition, the attending physician or advanced practice registered nurse or the physician's or nurse's designee shall make reasonable efforts to locate as many interested persons as defined in this subsection (3) as practicable, and the attending physician or advanced practice registered nurse may rely on such individuals to notify other family members or interested persons. For the purposes of this section, "interested persons" means the patient's spouse; either parent of the patient; any adult child, sibling, or grandchild of the patient; or any close friend of the patient. Upon locating an interested person, the attending physician or advanced practice registered nurse or the physician's or nurse's designee shall inform such person of the patient's lack of decisional capacity and determine whether such interested person is available, willing, and has the capability to act as a surrogate decision-maker for health-care benefits for the patient.