This bill establishes a framework for care facility placement decisions for adults who are unable to consent to their own placement due to health-related issues. It defines key terms such as "authorized representative," "care facility," and "person authorized to consent," outlining the hierarchy of individuals who can make decisions on behalf of the patient. A physician can certify a patient's inability to consent and the absence of an authorized representative, allowing a designated person to make placement decisions and assist with health insurance applications. The bill emphasizes that the authorized person must act in the best interests of the patient, considering their rights and wishes.
Additionally, the bill allows care facilities or attending physicians to petition a court for placement orders when no authorized representative can be located. The petition must include specific information and supporting affidavits, and the court will grant the petition if it finds that the patient is unable to consent and that the recommended placement is in the patient's best interest. The bill also provides immunity from civil or criminal liability for individuals acting in good faith under its provisions and clarifies that it does not require care facilities to accept patients unless ordered by a court. The Department of Health and Human Services is tasked with creating rules to implement the bill.