Bill Text: WV SB373 | 2017 | Regular Session | Introduced
Bill Title: Authorizing medical power of attorney sign binding arbitration agreement with nursing home or assisted living facility
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-02-21 - To Judiciary [SB373 Detail]
Download: West_Virginia-2017-SB373-Introduced.html
WEST virginia legislature
2017 regular session
Introduced
Senate Bill 373
By Senators Trump, Takubo and Maroney
[Introduced February 21,
2017; Referred
to the Committee on the Judiciary]
A BILL to amend and reenact §16-30-6 of the Code of West Virginia, 1931, as amended, relating to authorizing a medical power of attorney representative under stated circumstances to sign a binding arbitration agreement with a nursing home or assisted living facility.
Be it enacted by the Legislature of West Virginia:
That §16-30-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.
§16-30-6. Private decision-making process; authority of living will, medical power of attorney representative and surrogate.
(a) Any capable adult may make his or her own health care decisions without regard to guidelines contained in this article.
(b) Health care providers and health care facilities may rely upon health care decisions made on behalf of an incapacitated person without resort to the courts or legal process, if the decisions are made in accordance with the provisions of this article.
(c) The medical power of attorney representative or surrogate shall have the authority to release or authorize the release of an incapacitated person's medical records to third parties and make any and all health care decisions on behalf of an incapacitated person, except to the extent that a medical power of attorney representative's authority is clearly limited in the medical power of attorney.
(d) For any medical power of attorney executed after the date of the reenactment of this section during the 2017 session of the Legislature, the medical power of attorney representative has the authority to sign binding arbitration agreements with nursing homes and assisted living facilities as part of the agreements regarding admission to those facilities, except to the extent that a medical power of attorney representative’s authority to make such agreement is specifically precluded by the medical power of attorney. If the incapacitated person regains capacity, he or she may, prospectively revoke the arbitration agreement made by his or her medical power of attorney representative by delivering a signed notice of revocation to the affected nursing home or assisted living facility.
(d) (e) The medical power of attorney
representative or surrogate's authority shall commence upon a determination,
made pursuant to section seven of this article, of the incapacity of the adult.
In the event the person no longer is incapacitated or the medical power of
attorney representative or surrogate is unwilling or unable to serve, the
medical power of attorney representative or surrogate's authority shall cease.
However, the authority of the medical power of attorney representative or
surrogate may recommence if the person subsequently becomes incapacitated as
determined pursuant to section seven of this article unless during the
intervening period of capacity the person executes an advance directive which
makes a surrogate unnecessary or expressly rejects the previously appointed
surrogate as his or her surrogate. A medical power of attorney representative
or surrogate's authority terminates upon the death of the incapacitated person
except with respect to decisions regarding autopsy, funeral arrangements or
cremation and organ and tissue donation: Provided, That the medical
power of attorney representative or surrogate has no authority after the death
of the incapacitated person to invalidate or revoke a preneed funeral contract
executed by the incapacitated person in accordance with the provisions of
article fourteen, chapter forty-seven of this code prior to the onset of the
incapacity and either paid in full before the death of the incapacitated person
or collectible from the proceeds of a life insurance policy specifically
designated for that purpose.
(e) (f) The medical power of attorney
representative or surrogate shall seek medical information necessary to make
health care decisions for an incapacitated person. For the sole purpose of
making health care decisions for the incapacitated person, the medical power of
attorney representative or surrogate shall have the same right of access to the
incapacitated person's medical information and the same right to discuss that
information with the incapacitated person's health care providers that the
incapacitated person would have if he or she was not incapacitated.
(f) (g) If an incapacitated person previously
expressed his or her wishes regarding autopsy, funeral arrangements or
cremation, organ or tissue donation or the desire to make an anatomical gift by
a written directive such as a living will, medical power of attorney, donor
card, driver's license or other means, the medical power of attorney
representative or surrogate shall follow the person's expressed wishes
regarding autopsy, funeral arrangements or cremation, organ and tissue donation
or anatomical gift. In the absence of any written directives, any decision
regarding anatomical gifts shall be made pursuant to the provisions of article
nineteen of this chapter.
(g) (h) If a person is incapacitated at the time
of the decision to withhold or withdraw life-prolonging intervention, the
person's living will or medical power of attorney executed in accordance with
section four of this article is presumed to be valid. For the purposes of this
article, a physician or health facility may presume in the absence of actual
notice to the contrary that a person who executed a living will or medical power
of attorney was a competent adult when it was executed. The fact that a person
executed a living will or medical power of attorney is not an indication of the
person's mental incapacity.
NOTE: The purpose of this bill is to authorize a medical power of attorney representative to sign a binding arbitration agreement with a nursing home or assisted living facility.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
