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Republican Sponsorship
Healthcare

SB74

To Amend The Authority Of A Surrogate Under The Arkansas Healthcare Decisions Act.

Passed

Last Action (Feb. 14, 2023): Notification that SB74 is now Act 49

Sponsors

AI-Generated Summary

Senate Bill 74 amends the Arkansas Healthcare Decisions Act to explicitly authorize a healthcare surrogate to apply for public benefits, such as Medicare and Medicaid, on behalf of a principal. The bill grants surrogates access to the principal's financial records, including income, assets, and banking information, to the extent necessary to facilitate these applications. Surrogates are empowered to submit and execute applications, handle redeterminations of eligibility, and manage ongoing communications regarding these benefits. This authority must be granted by the principal in writing or recorded orally and must comply with federal confidentiality requirements. The surrogate's authority terminates if the principal regains decisional capacity, if a power of attorney or guardian with similar authority is appointed, or upon the principal's death.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals who lack the decisional capacity to manage their own healthcare and financial affairs and require assistance in applying for public benefits. Healthcare surrogates also benefit from the clarification of their legal authority, which allows them to effectively navigate bureaucratic processes for public assistance on behalf of those they represent.

Who Might Suffer?

Potentially, principals could be negatively impacted if a surrogate acts without the principal's best interests in mind, given the surrogate's new access to the principal's sensitive financial and banking records. Additionally, there is a potential for legal or privacy concerns regarding the potential for data misuse or identity-related risks, although the bill requires adherence to federal confidentiality provisions.

Vote Records

Third Reading

Feb. 7, 2023
Yea: 89 Nay: 2 NV: 9 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House NV
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House NV
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House NV
Vivian Flowers Democrat House NV
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House NV
Jim Wooten Republican House Yea
Denise Ennett Democrat House NV
Richard McGrew Republican House Yea
Joy Springer Democrat House NV
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House NV
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Nay
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Nay
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea

Third Reading

Jan. 30, 2023
Yea: 23 Nay: 4 NV: 7 Absent: 1 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Nay
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate NV
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Absent
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate NV
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate NV
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate NV
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Nay
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate NV
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate NV
Ben Gilmore Republican Senate NV
Joshua Bryant Republican Senate Nay
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us