SB178

Senate Bill 178 amends the Arkansas Healthcare Decisions Act to explicitly define the authority of a healthcare surrogate to access a principal's financial records for the purpose of applying for public benefits like Medicare and Medicaid. The bill outlines specific requirements for surrogate authorization, including the need for a notarized written designation or one signed by two non-familial witnesses. It clarifies that this authority does not allow the surrogate to control or direct the principal's assets, but rather only to retrieve information necessary for benefit eligibility. The legislation mandates that financial institutions notify joint account holders of such requests, providing them 10 business days to file a written objection. Additionally, it ensures that financial institutions acting in good faith are protected from civil or criminal liability when providing these records. Finally, the bill establishes strict confidentiality protocols, requiring the surrogate to destroy sensitive data upon the termination of their authority.