House File 2562 establishes a new framework for determining the ability of patients to consent to their care facility placement and outlines the roles and responsibilities of authorized representatives in such situations. The bill introduces definitions for key terms such as "able to consent," "authorized representative," and "care facility," and specifies the criteria under which a physician can certify a patient's inability to consent. It also details the powers and duties of a person authorized to consent, including making decisions regarding care facility placement and assisting with health insurance applications. Additionally, the bill mandates that care facilities and physicians must notify the Division of Aging and Disability Services at various stages of the process.

The legislation further allows for court intervention when an authorized representative cannot be located, enabling a care facility or attending physician to petition for a court order regarding the patient's placement. The court must find 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 and care facilities acting in good faith under its provisions. Finally, it includes a contingent effective date that depends on the enactment of related legislation amending existing consent laws.

Statutes affected:
Enrolled: 144H.2