Surrogate care bill clears House panel

The House Public Health, Welfare and Labor Committee on Thursday 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 authority authorized under Senate Bill 74 by Sen. Justin Boyd, R- Fort Smith, includes the ability to assist with, submit and execute applications for benefits, redetermination 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.

Jenna Goldman, representing the Mercy Health System, said “this has become a bigger issue as we have had adults essentially abandoned in the hospitals.

“They either don’t have anybody, or their family has left them in the hospital and will not come back to help them get appropriate care,” she said. “We have had some that just need long-term care services. We also have some with traumatic brain surgery that are incapacitated and not able to do this themselves, and we can’t transfer those patients until they have coverage, and so that’s what we are doing today.”

Goldman said “our end goal is to get them appropriate care, which has become very challenging.”