When Providers Must Follow a Surrogate's Decisions
A health care directive only works if providers actually follow it. Arizona law places a clear duty on health care providers to comply with the decisions of a patient's authorized surrogate.
A health care provider shall comply with health care decisions made by the patient's surrogate unless those decisions are inconsistent with the patient's health care directive as known to the provider or the provider has transferred responsibility to another provider pursuant to section 36-3205, subsection C, paragraph 1.
A.R.S. § 36-3204(A)There are two exceptions. First, if the surrogate's decision conflicts with what the provider knows to be in the patient's written directive, the provider follows the directive, not the surrogate. The patient's own documented wishes take priority. Second, if the provider has already transferred care to another provider under the conscience provision in A.R.S. 36-3205, the original provider is no longer responsible.
Information Sharing With the Surrogate
The second part of this statute addresses something families often worry about: whether they will be kept in the loop.
A health care provider has a duty to volunteer and otherwise disclose information about the patient's health status and care to the patient's surrogate to the same degree that the provider owes this duty to the patient.
A.R.S. § 36-3204(B)This is a meaningful protection. It means the surrogate is not left guessing. The provider must share health information with the surrogate at the same level they would share it with the patient directly. Combined with a HIPAA authorization, this ensures the surrogate has the information needed to make informed decisions on the patient's behalf.
