Surrogate care bill sent on to House

The Senate on Monday approved a bill allowing a surrogate of certain individuals to apply for public benefits such as Medicare and Medicaid for the principal, subject to any federal restrictions or requirements, and have access to information regarding the principal’s income, assets and banking and financial records to the extent required to make an application.

The Senate voted 23-4 to send Senate Bill 74 by Sen. Justin Boyd, R-Fort Smith, to the House for further consideration. Five senators voted present and two other senators did not vote on the bill.

Boyd said under this measure a physician could appoint a surrogate such as a health care caseworker to apply for public benefits such as Medicaid for people who are in incapacitated and have no guardian, family or friends.

The authority of the bill includes the ability to assist with, submit and execute applications for benefits, re-determination of eligibility and other ongoing related communications. But the authority of the bill would terminate when revoked by the principal who no longer lacks the capacity to make decisions, upon appointment or availability of a power of attorney or guardian with such authority, or upon the death of the principal. A surrogate would be required to meet all federal requirements to act as an authorized representative, including confidentiality provisions.

Sen. Linda Chesterfield, D-Little Rock, said she is concerned about who would prevent surrogates from using the financial information of these people to take advantage of them.

“I don’t trust people with this kind of stuff,” she said.

Boyd said the surrogate would gain access to financial information under the bill, and “at some point you have to have some faith.” It would be an injustice to deny people a surgery because they lack a source of funds to pay for the surgery, he said.