This bill amends the "Estates and Protected Individuals Code" by adding new sections 5605 and 5606, which establish guidelines for surrogate decision-makers in health care. Under Section 5605, health care providers, facilities, or agencies acting in good faith are protected from civil or criminal liability when complying with health care decisions made by individuals who appear to have the authority to make such decisions. Additionally, individuals acting as patient advocates, guardians, or surrogates are also shielded from liability for health care decisions made in good faith.

Section 5606 introduces penalties for intentional violations of these provisions. Health care providers or facilities that intentionally violate the new regulations may be liable for damages of $1,000 or actual damages, whichever is greater, along with reasonable attorney fees. Furthermore, individuals who falsify or conceal a patient's designation of a patient advocate or who fraudulently induce changes to advance health care directives may face liability for damages of $2,500 or actual damages, plus attorney fees. The enactment of this bill is contingent upon the passage of related legislation.

Statutes affected:
House Introduced Bill: 700.1101, 700.8206
As Passed by the House: 700.1101, 700.8206