All Roll Calls
Yes: 126 • No: 0
ArkansasSB1782025 Regular SessionSenate
TO AMEND THE ARKANSAS HEALTHCARE DECISIONS ACT; AND TO CLARIFY THE ABILITY OF A SURROGATE TO OBTAIN RECORDS ON A PRINCIPAL'S INCOME, ASSETS, AND BANKING AND FINANCIAL RECORDS.
Sponsored By: Justin Boyd (Republican), Ryan A. Rose (Republican)
Enacted
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Financial privacy rules limit surrogate record sharing
For co-owned or beneficiary accounts, banks must give written notice to the joint account holder or entity-account signatory. That person has 10 business days from the notice date to object in writing. An objection requires the bank to notify the surrogate and refuse the request. Without an objection, the bank can release records only when the request otherwise meets the law's requirements. Records are confidential, and surrogates can share them only as needed to apply for the principal's public benefits. When authority ends, surrogates must securely destroy all copies. Upon request, they must promptly and securely transfer records to a properly appointed successor surrogate, power of attorney, guardian, or principal who regains decision-making capacity.
Surrogates get limited access for benefit applications
In Arkansas, a surrogate is a designated health care decision-maker for another person, called the principal. Surrogates can help complete, sign, and submit public-benefit applications, including Medicare and Medicaid applications, subject to federal restrictions. They can also handle eligibility renewals and ongoing eligibility communications. They can get necessary income, asset, and account records, including trust, guardianship, and conservatorship accounts the principal owns, co-owns, or benefits from. This does not grant control over money or accounts, or change benefit eligibility. Except through the shared-account process, surrogates can get only records the principal is entitled to request. This authority ends at death, when an authorized power of attorney or guardian is appointed or becomes available, or when a principal who regains decision-making capacity revokes it.
Surrogates need written proof to request records
Surrogates must present a written designation signed by the principal or supervising health care provider. It must name both people, give the date, and be notarized or signed by two witnesses who are not family. A provider-signed form must confirm a licensed doctor found the principal lacks decision-making capacity. It must also confirm no agent or guardian is appointed or reasonably available, and state its purpose: applying for public benefits. Recipients can rely on a form that appears valid, but can refuse records when it appears invalid or they reasonably doubt compliance. Good-faith reliance on the written designation protects recipients from civil or criminal liability and administrative proceedings for providing benefit-related records.
Sponsors & Cosponsors
Sponsors
Justin Boyd
Republican • Senate
Ryan A. Rose
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 2/26/2025
House Vote - Wednesday, February 26, 2025 3:21:43 PM
Yes: 94 • No: 0
Senate vote • 2/12/2025
Senate Vote - Wednesday, February 12, 2025 2:21:03 PM
Yes: 32 • No: 0
Actions Timeline
Notification that SB178 is now Act 202
2/27/2025SenateDELIVERED TO GOVERNOR.
2/26/2025SenateReported correctly enrolled and ordered delivered to the Governor.
2/26/2025SenateORDERED ENROLLED
2/26/2025SenateReturned from the House as passed.
2/26/2025SenateReturned to the Senate as passed.
2/26/2025HouseRead the third time and passed and ordered transmitted to the Senate.
2/26/2025HouseReturned by the Committee Do Pass
2/25/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE
2/12/2025HouseRECEIVED FROM THE SENATE
2/12/2025HouseOrdered immediately transmitted to the House.
2/12/2025SenateRead the third time and passed.
2/12/2025SenateReturned by the Committee, with the recommendation that it Do Pass
2/10/2025SenateRead first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE
2/3/2025SenateFiled
2/3/2025Senate
Bill Text
SB178 - Introduced
2/3/2025
Act Version
Related Bills
HB1265, AN ACT FOR THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK APPROPRIATION FOR THE 2025-2026 FISCAL YEAR.
HB1237, TO PROHIBIT MEDICAL PROFESSIONALS FROM SOLICITING INJURED INDIVIDUALS; AND TO SET PENALTIES FOR A VIOLATION OF THE PROHIBITION OF SOLICITATION OF INJURED INDIVIDUALS.
HB1686, TO AMEND THE LAW CONCERNING LICENSES TO CARRY CONCEALED HANDGUNS.
SB440, TO AMEND THE LAW CONCERNING EMBALMERS AND FUNERAL DIRECTORS; TO REGULATE THE USE OF ALKALINE HYDROLYSIS; AND TO REGULATE ALKALINE HYDROLYSIS FACILITIES.
HB1695, TO CLARIFY THE FORECLOSURE PROCESS FOR PROPERTY SUBJECT TO A MUNICIPAL LIEN; TO ALLOW A MUNICIPALITY TO PETITION TO SET ASIDE THE SALE OF PROPERTY TO CERTAIN PERSONS; AND TO PROVIDE FOR THE PRIORITY OF UNRECORDED MUNICIPAL LIENS.
HR1012, TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY; TO REQUIRE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES BE SELECTED AS A DESIGNATED SURVIVOR.