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Substitute House Bill No. 5485
Special Act No. 26-12
AN ACT CONCERNING SUPPORTED DECISION-MAKING STUDY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) As used in this section:
(1) "Adult" means a natural person who is eighteen years of age or
older;
(2) "Decision-maker" means an adult who seeks to enter into, or has
entered into, a supported decision-making agreement with one or more
supporters pursuant to this section;
(3) "Supported decision -making" means a process utilized by a
decision-maker to retain decision -making authority through assistance
from one or more supporters of the decision -maker's choosing to help
the decision -maker understand the nature and consequenc es of
potential personal and financial decisions and communicate such
decisions;
(4) "Supported decision -making agreement" means an agreement
entered into by a decision-maker and one or more supporters that (A) is
in writing, (B) is dated, (C) is entered into by the decision -maker
voluntarily without undue influence or coercion and understanding the
nature and effect of the agreement, (D) is signed by the decision-maker,
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one or more supporters and two identified adult witnesses, and (E)
describes the types of decisions that a supporter may help the decision-
maker to make; and
(5) "Supporter" means a person who is named in a supported
decision-making agreement to provide specified person -centered and
direct assistance to a decision-maker to gather and access information,
make informed decisions and communicate decisions.
(b) The House and Senate chairpersons of the joint standing
committee of the General Assembly having cognizance of matters
relating to human services shall appoint a working group to study and
make recommendations concerning supported decision -making,
including, but not limited to: (1) Documentation necessary for a
decision-maker to conduct financial transactions with the help of a
supporter; (2) how a supporter could best assist in conjunction with
other legally recognized decision -making authorities who a re
commonly present in long -term care and other health -care settings; (3)
how to protect health information under the Health Insurance
Portability and Accountability Act of 1996, P.L. 104 -191, educational
records under the Family Educational Rights and Pri vacy Act of 1974,
20 USC 1232g, and information protected by 42 USCA 290dd -2 or 42
CFR Part 2, as such federal laws or regulations are amended from time
to time; (4) methods to protect a decision -maker against a supporter's
financial or ethical conflicts o f interest; and (5) how a supported
decision-making agreement can be used as an alternative to a
conservatorship or guardianship.
(c) The working group shall be comprised of state -based
organizations and individuals, including, but not limited to: (1) Two
representatives each from organizations representing the interests of
financial institutions and hospitals; (2) one representing nursing homes;
(3) one designee of the Probate Court Administrator; (4) one
representing physicians in private practice; and (5) six representing
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Special Act No. 26-12 3 of 3
persons who may benefit from the use of supported decision -making
agreements in making financial, health or other decisions, all of whom
shall serve at the pleasure of the appointing authority. The House and
Senate chairpersons of said committee shall appoint a chairperson of the
working group from among its members and schedule the first meeting
not later than thirty days after the effective date of this section.
(d) The working group shall file a report with its recommendations,
in accordance with the provisions of section 11-4a of the general statutes,
not later than December 31, 2026, with the joint standing committees of
the General Assembly having cognizance o f matters relating to human
services, government oversight, banking, the judiciary and public
health.