This bill establishes new provisions regarding care facility placement decisions for adults who are unable to consent to their own care. It defines key terms such as "authorized representative," "care facility," and "patient," and outlines the process by which a physician can certify that a patient is not able to consent, that an authorized representative has not been located, and that it is in the patient's best interest to be transferred to a recommended care facility. The bill also details the powers and duties of a person authorized to consent on behalf of the patient, emphasizing the need to act in good faith and consider the patient's wishes and rights.
Additionally, the bill allows for a care facility or attending physician to petition a court for placement decisions if no authorized representative can be found after good-faith efforts. The court may 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 provides immunity from civil or criminal liability for those acting in good faith under its provisions and clarifies that it does not require care facilities to accept patients or infringe upon existing patient rights. The Department of Health and Human Services is authorized to create rules for the administration of this chapter.