Supported decision-making agreements. (FE)

The bill requires the Department of Health Services to prepare and provide access to a supported decision-making form and information regarding supported decision-making. Under the bill, a supported decision-making agreement must be in writing, in substantially the form provided under the bill, entered into voluntarily, and signed and dated either before at least two adult witnesses or a notary public in order to be valid.

The bill provides immunity for persons under certain circumstances, including a person whose act or failure to act is done in good faith and in reliance on a supported decision-making agreement. The bill provides, however, that there is no immunity from actions alleging that a health care provider caused personal injury as a result of a negligent, reckless, or intentional act, acted inconsistently with the expressed wishes of an adult with a functional impairment, failed to provide information to either an adult with a functional impairment or his or her supporter that would be necessary for informed consent, or otherwise acted inconsistently with applicable law. In addition, under the bill, the existence or availability of a supported decision-making agreement does not relieve a health care provider of any legal obligation to provide services to individuals with disabilities.

Finally, under the bill, if a person who receives a copy of a supported decision-making agreement or who is aware of the existence of a supported decision-making agreement has reason to believe that the adult with a functional impairment is being abused, neglected, or exploited by the supporter, that person may report the issue to an appropriate elder-at-risk agency, adult-at-risk agency, state or local law enforcement, or DHS. This bill does not eliminate or limit a person's existing obligation to report such circumstances under any other statute or regulation.