HB 5485 — AN ACT CONCERNING SUPPORTED DECISION-MAKING STUDY.

General Assembly Substitute House Bill No.

5485 FebruarySpecial Session,Act 2026No. AN ACT CONCERNING SUPPORTED DECISION-MAKING.

26-12 AN ACT CONCERNING SUPPORTED DECISION-MAKING STUDY.

(NEW) (Effective Octoberfrom 1,passage) 2026) (a) As used in this sectionsection: and section 2 of this act:

(1) "Adult" means a natural person who is eighteen years of age or older.older;

(2) "Decision-maker" means an adult who seeks to enter,enter into, or has entered,entered intointo, a supported decision-making agreement with one or more supporters pursuant to this section.section;

(3) "Supported decision-making" means a process utilized by a decision-maker to retain decision-making authority through assistance from one or more supporters of the decision-maker's choosing to help the decision-maker understand the nature and consequences of potential personal and financial decisions and communicate such decisions.decisions;

(4) "Supported decision-making agreement" means an agreement entered into by a decision-maker and one or more supporters that (A) is in writing, (B) is dated, (C) is entered into by the decision-maker voluntarily without undue influence or coercion and understanding the nature and effect of the agreement, (D) is signed by the decision-maker, LCO 1 of 5 Substitute House Bill No.

5485 one or more supporters and two identified adult witnesses, and (E) describes the types of decisions that a supporter may help the decision- maker to make.make;

and (5) "Supporter" means a person who is named in a supported decision-making agreement to provide specified person-centered and direct assistance to a decision-maker to gather and access information, make informed decisions and communicate decisions.

(b) The rightHouse ofand aSenate decision-makerchairpersons toof the assistancejoint ofstanding acommittee supporterof identifiedthe inGeneral aAssembly supportedhaving decision-makingcognizance agreementof shallmatters berelating recognizedto inhuman thisservices state,shall including,appoint buta notworking limitedgroup to,to bystudy businesses, government agencies, organizations, medical providers, educational institutions and anymake entityrecommendations withconcerning whomsupported thedecision-making, decision-makerincluding, interactsbut tonot obtainlimited goodsto: and services.

(c)(1) ADocumentation decision-makernecessary orfor a supporterdecision-maker mayto terminateconduct afinancial supportedtransactions decision-makingwith agreementthe athelp anyof time.a supporter;

Termination(2) byhow a supporter ofcould suchbest agreementassist shallin onlyconjunction terminatewith suchother supporter'slegally rolerecognized indecision-making theauthorities agreement,who whichare otherwisecommonly shallpresent remain in effectlong-term withcare respect to the decision-maker and anyother additionalhealth-care supporterssettings; named in the agreement.

Except(3) ashow otherwiseto providedprotect inhealth ainformation supportedunder decision-makingthe agreementHealth Insurance Portability and subsectionAccountability (d)Act of this1996, section,P.L. a supporter may:

(1)104-191, Assisteducational therecords decision-makerunder inthe understandingFamily information,Educational options,Rights responsibilities and consequencesPrivacy Act of the1974, decision-maker'sUSC decisions,1232g, including,and butinformation notprotected limitedby to,42 decisionsUSCA relating290dd-2 toor the42 decision-maker'sCFR affairsPart 2, as such federal laws or supportiveregulations services;are amended from time to time;

(2)(4) Helpmethods the decision-maker access, obtain and understand any information that is relevant to anyprotect decision,a including,decision-maker butagainst nota limitedsupporter's to,financial protectedor healthethical informationconflicts under the Health Insurance Portability and Accountability Act of 1996,interest; P.L.

104-191, as amended from time to time, and educational(5) recordshow protecteda undersupported thedecision-making Familyagreement Educationalcan Rightsbe andused Privacy Act of 1974, 20 USC 1232g, as amendedan fromalternative time to time,a andconservatorship anyor regulationsguardianship. adopted thereunder, subject to the provisions of subsection (d) of this section;

LCO(c) 2The working group shall be comprised of 5state-based Substituteorganizations Billand No.individuals, including, but not limited to:

5485(1) (3)Two Assistrepresentatives each from organizations representing the decision-makerinterests inof finding,financial obtaininginstitutions and makinghospitals; appointments;

(4)(2) Helpone therepresenting decision-makernursing monitorhomes; information about the decision- maker's affairs or services;

(5)(3) Ascertainone thedesignee wishes and decisions of the decision-makerProbate and,Court whenAdministrator; requested by the decision-maker, assist in communicating those wishes and decisions to other persons;

and(4) (6)one Engagerepresenting physicians in advocacyprivate topractice; ensure that the wishes and decisions of the decision-maker are implemented.

(d)and A(5) supportersix shallrepresenting not:Special Act No.

(1)26-12 Exert2 undueof influence3 uponSubstitute aHouse decision-makerBill orNo. make decisions on behalf of a decision-maker;

(2)5485 Obtain,persons withoutwho themay writtenbenefit consentfrom of the decision-maker,use informationof thatsupported isdecision-making notagreements reasonablyin relatedmaking tofinancial, mattershealth withor whichother thedecisions, supporterall isof authorizedwhom toshall assistserve at the decision-makerpleasure pursuantof to the supportedappointing decision-makingauthority. agreement;

(3)The Use,House withoutand theSenate writtenchairpersonsof consentsaidcommittee ofshallappoint achairpersonof the decision-maker,working informationgroup acquiredfrom foramong aits purposemembers otherand thanschedule to assist the decision-first makermeeting tonot makelater athan decisionthirty pursuantdays toafter the supportedeffective decision-makingdate agreement;of this section.

or(d) (4)The Violateworking anygroup provisionsshall offile statea orreport federalwith lawits concerningrecommendations, inaccordancewiththeprovisionsofsection11-4aofthegeneralstatutes, not later than December 31, 2026, with the privacyjoint standing committees of information,the including,General butAssembly nothaving limitedcognizance to,of informationmatters protectedrelating underto thehuman Healthservices, Insurancegovernment Portabilityoversight, andbanking, Accountabilitythe Actjudiciary ofand 1996,public P.L.health.

104-191,Governor's asAction: amended from time to time, the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time, and any regulations adopted thereunder.

(e)Approved AnyJune person2, who2026 isSpecial notAct aNo. party to a supported decision-making agreement, including, but not limited to, a provider of health care or provider of financial services, may:

LCO26-12 3 of 53 Substitute Bill No.

5485 (1)Relyuponasupporteddecision-makingagreementwithoutactual knowledge that the agreement is not void, invalid or terminated;

and (2) Rely upon the presumption that a signature on a supported decision-making agreement is genuine without actual knowledge that any of the signatures thereon is genuine.

(f) Any person giving effect to a declaration contained within a supported decision-making agreement or for following the direction of a supporter named in the supported decision-making agreement shall notbesubjecttocivilorcriminalliabilityordisciplineforunprofessional conduct.

Sec.

2.

(NEW) (Effective October 1, 2026) (a) The Department of Aging and Disability Services shall, within available appropriations, establish the Supported Decision-Making Education and Assistance program to (1) provide information to older adults and adults with disabilities, families and others interested in supported decision-making agreements, (2) facilitate the forming, execution and termination of such agreements, and (3) provide resources for a decision-maker who believes a supporter is acting outside the scope of such an agreement.

(b) Not later than January 1, 2027, the Commissioner of Aging and Disability Services shall file a report, in accordance with the provisions of section 11-4a of the general statutes, with the joint standing committee of the General Assembly having cognizance of matters relating to human services on the status of the program and number of persons assisted.

This act shall take effect as follows and shall amend the following sections:

Section 1 October 1, 2026 New section Sec.

2 October 1, 2026 New section HS Joint Favorable Subst.