Commonwealth of Kentucky s60

COMMONWEALTH OF KENTUCKY STATE FISCAL NOTE STATEMENT

GENERAL ASSEMBLY LEGISLATIVE RESEARCH COMMISSION 2004 REGULAR SESSION 2002-2003 INTERIM

MEASURE

(X) 2004 BR No. 0311 (X) House Bill No. 67/GA

( ) Resolution No. ( ) Amendment No.

SUBJECT/TITLE An Act relating to hospitalization of a disabled or incapacitated person.

SPONSOR Representative Steve Nunn NOTE SUMMARY

Fiscal Analysis: Impact X No Impact Indeterminable Impact Level(s) of Impact: State Local Federal

Budget Unit(s) Impact

Fund(s) Impact: General Road Federal Restricted Agency (Type) (Other)

FISCAL SUMMARY ______Future Annual Fiscal Estimates 2003-2004 2004-2005 2005-2006 Rate of Change Revenues (+/-) Expenditures (+/-) Net Effect No Impact No Impact ______

MEASURE'S PURPOSE: HB 67/GA permits a durable power of attorney to make health care decisions when the adult patient does not have decisional capacity, and specifies that the patient's physician is required to make a determination of capacity. In addition, HB 67/GA specifies that the health care decision may include hospitalization at a general hospital for psychiatric treatment not to exceed 14 days; define general hospital.

PROVISION/MECHANICS: HB 67/GA amends KRS 311.631 to permit a durable power of attorney to make health care decisions when the adult patient does not have decisional capacity and specifies that the patient's physician is required to make a determination of capacity; HB 67/GA further specifies that the health care decision may include hospitalization at a general hospital for psychiatric treatment not to exceed 14 days; define general hospital.

FISCAL EXPLANATION: This legislation has no fiscal impact but just adds an attorney-in-fact named in a durable power of attorney to the list of persons who can make health care decisions for a person who has been deemed to not have decisional capacity by a physician

DATA SOURCE(S) LRC Budget Review Office

NOTE NO. 25.21 PREPARER Cindy Murray REVIEW JC DATE 03/18/04 2002 BR

LRC 2004-0311-HB 67/GA