Stricken language would be deleted from and underlined language would be added to present law.
Act 202 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 178 3
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By: Senator J. Boyd 5
By: Representative Rose 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE ARKANSAS HEALTHCARE DECISIONS 9
ACT; TO CLARIFY THE ABILITY OF A SURROGATE TO OBTAIN 10
RECORDS ON A PRINCIPAL'S INCOME, ASSETS, AND BANKING 11
AND FINANCIAL RECORDS; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND THE ARKANSAS HEALTHCARE 16
DECISIONS ACT; AND TO CLARIFY THE 17
ABILITY OF A SURROGATE TO OBTAIN RECORDS 18
ON A PRINCIPAL'S INCOME, ASSETS, AND 19
BANKING AND FINANCIAL RECORDS. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 20 -6-106(d), concerning the authority of a 24
surrogate under the Arkansas Healthcare Decisions Act, is amended to read as 25
follows: 26
(d)(1) A surrogate may apply for public benefits, such as Medicare and 27
Medicaid, for the principal, subject to any federal restrictions or 28
requirements, and have access to information to the extent required to make 29
an application, may obtain records regarding the principal's income, assets, 30
and banking and financial records to the extent required to make an 31
application on an account of which the principal is: 32
(A) The owner or co -owner; or 33
(B) A beneficiary, including without limitation a trust, 34
guardianship, or conservatorship . 35
(2) The authority under subdivision (d)(1) of this section 36 SB178
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includes without limitation the ability to assist with, submit, and execute 1
applications for benefits, redetermination of eligibility, and other ongoing 2
related communications. 3
(3) The authority under subdivision (d)(1) of this section shall 4
terminate when revoked by a principal who no longer lacks decisional 5
capacity, upon appointment or availability of a power of attorney or guardian 6
with such authority, or upon the death of the principal. 7
(4)(A) The authority under subdivision (d)(1) of this section 8
shall be granted to a surrogate from a principal in writing or recorded 9
orally shall only be exercised by the surrogate upon presentation of written 10
designation signed by the principal or supervising healthcare provider as 11
provided in § 20-6-105(c) that is either notarized or signed by two (2) non -12
familial witnesses. 13
(B) The written designation shall: 14
(i) Identify the principal; 15
(ii) Identify the designated surrogate; 16
(iii) State the date of the designation of the 17
surrogate by the principal or by the supervising healthcare provider; and 18
(iv) If appointed by a supervising healthcare 19
provider: 20
(a) Attest that the principal has been 21
determined by a licensed physician to lack capacity and an agent or guardian 22
has not been appointed or the agent or guardian is not reasonably available; 23
and 24
(b) State that the written document is 25
executed in conformance with this section for the purpose of allowing the 26
surrogate to apply for public benefits on behalf of the principal. 27
(5) The authority under subdivision (d)(1) of this section to 28
access records regarding the principal’s income and assets, including bank 29
account and financial records, does not confer the authority to control, 30
direct, or otherwise access the principal’s income, assets, or accounts upon 31
the surrogate. 32
(6)(A) A person or entity to whom a written designation is 33
presented as described in subdivision (d)(4) of this section may rely on the 34
written designation if the written designation appears on its face to comply 35
with this section. 36 SB178
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(B) If the written designation does not appear on its face 1
to comply with this section or if the recipient has reasonable cause to 2
suspect the written designation does not comply with this section, the 3
recipient may decline to provide the requested record. 4
(C) A person or entity that provides information or 5
records, or both, to a surrogate under this section is not liable to the 6
principal, surrogate, or other person or entity for providing the information 7
or records, or both. 8
(7)(A) If bank account or financial records are sought for an 9
account co-owned by the principal and another person or entity or an account 10
of which the principal is a beneficiary, the bank or financial institution 11
shall give written notice to the joint account holder or the signatory on the 12
entity account of the request and allow them an opportunity to object in 13
writing to the request within ten (10) business days. 14
(B) If the bank or financial institution does not receive 15
a written objection within ten (10) business days of the date on the notice 16
described in subdivision (d)(7)(A) of this section, the bank or financial 17
institution may allow the surrogate to obtain the records if the request is 18
otherwise in accordance with the requirements of this subchapter. 19
(C) If the bank or financial institution receives a 20
written objection within ten (10) business days of the date of the notice 21
described in subdivision (d)(7)(A) of this section, the bank or financial 22
institution shall notify the surrogate of the objection and decline the 23
request for records. 24
(8) Except as provided in subdivision (d)(7) of this section, 25
the surrogate may receive only records which the principal would be entitled 26
upon request to receive when making a request for records. 27
(9)(A) The records, materials, data, and information made 28
available by a financial services provider are confidential and shall not be 29
disclosed to any person other than as necessary to apply for public benefits 30
on behalf of the principal. 31
(B) The surrogate shall securely destroy all copies of the 32
information upon termination of the authority under subdivision (d)(3) of 33
this section. 34
(C) Upon request, all information and records obtained by 35
a surrogate under subdivision (d)(1) of this section shall be promptly and 36 SB178
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securely transferred to a properly appointed successor surrogate, power of 1
attorney, or guardian or to a principal who no longer lacks decisional 2
capacity. 3
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SECTION 2. Arkansas Code § 20 -6-111, concerning liability for a 5
healthcare provider or healthcare institution under the Arkansas Healthcare 6
Decisions Act, is amended to add an additional subsection to read as follows: 7
(d) A person or entity that relies in good faith on a written 8
surrogacy designation under this subchapter is not subject to civil or 9
criminal liability, including any administrative proceeding, for providing 10
the surrogate with access to records regarding the principal’s income, 11
assets, and banking and financial accounts for the surrogate to make an 12
application for public benefits on behalf of the principal. 13
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APPROVED: 2/27/25 16
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