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F I S C A L I M P A C T R E P O R T
SPONSOR: |
SJC |
DATE TYPED: |
03/16/01 |
HB |
|
SHORT TITLE: |
Amend Uniform Health-Care Decision |
SB |
CS/490/aHJC |
|
ANALYST: |
Wilson |
APPROPRIATION
Appropriation Contained
|
Estimated Additional Impact
|
Recurring
or Non-Rec |
Fund
Affected |
FY01 |
FY02 |
FY01 |
FY02 |
|
NFI |
|
|
|
|
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Attorney Generals Office (AG)
Health Policy Commission (HPC)
SUMMARY
Synopsis of HJC Amendment
CS/SB490/aHJC deletes the requirements for the guardian ad litem to meet and interview the
patient prior to the hearing, communicate with individuals involved or knowledgeable about the
patient, examine whether procedures called for under the Uniform Health-Care Decisions Act
have been followed and represent the patients wishes if known.
Synopsis of Substitute Bill
The Senate Judiciary Committee Substitute for SB 490 amends the Uniform Health-Care
Decisions Act as follows:
- •States that an adult or an emancipated minor, who chooses to give an individual instruction, is served in a community-based program for persons with mental illness or developmental disabilities, then the instructions shall be included in the individual's service plan
and may be provided to the individual's health- care provider.
- •Allows a non-profit organization that provides state-funded guardianship and other
services to persons with mental illness or developmental disabilities to serve as a surrogate
for a patient.
- Requires that a surrogate make a reasonable attempt to communicate with a patient's
primary caretaker and others to determine the patient's wishes when a patient is not in
need of emergency care.
- Clarifies that a health-care surrogate shall make a health care decision in accordance with
the patient's wishes to the extent made know to the surrogate by the patient. If the
patient's wishes are unknown, the surrogate shall first attempt to communicate with the
patient, then the patient's family members if the patients life is at risk, then make the
health care decision based upon the surrogate's determination of the patient's best interest.
Upon request of the health care provider, the surrogate is to describe the steps taken to
obtain the information.
- Grants authority to an unemancipated minor and the minor's parent or guardian to request
that a health care professional with personal knowledge of and experience with the minor
be one of the two health-care professionals who makes the determination of the minor's
mental and emotional capacity. SB 490 requires that one of the health care professionals
who makes the determination be trained and have experience with mental illness or
developmental disability if the minor lacks capacity due to mental illness or developmental
disability.
- Requires that in determining capacity and unless otherwise specified in a written advance
health care directive, one of the two qualified health care professionals shall be a physician
and at the request of the individual or his guardian, a health care professional with
personal knowledge of and experience with the individual.
- •Imposes specific duties on a guardian ad litem upon appointment.
- •States that no causes of action, tort claims, lawsuits or civil actions of any kind may be
brought against any provider acting in good faith and in accordance with generally
accepted health-care standards as a result of acting in compliance with the Uniform Health-Care Decisions Act or acting on the recommendation of a surrogate.
FISCAL IMPLICATIONS
None
DW/njw