HF2562: Care Facility Placement Decisions

Governs the placement of adult patients in care facilities when the patient is unable to consent and does not have an available authorized representative. It defines key terms, establishes a hierarchy for individuals who may make decisions on the patient's behalf, and outlines procedures for physician certification of incapacity. If no authorized person can be found, the bill allows for a court petition to order placement, including the potential for a facility employee to apply for public assistance on the patient's behalf. The bill also provides civil and criminal immunity for good faith actions under these provisions and directs the Department of Health and Human Services to promulgate necessary rules.

Key Points & Impacts:

• Defines 'authorized representative' and 'person authorized to consent,' establishing a hierarchy for who may consent to placement decisions for incapacitated adults.

• Allows a physician to certify in the patient's record that the patient is unable to consent, no authorized representative can be found, and a placement is in the patient's best interest.

• Empowers a 'person authorized to consent' to make placement decisions and assist with applications for health insurance or public assistance, with authority expiring upon completion of placement or identification of a higher-priority decision-maker.

• Requires care facility staff to inform the authorized person of their powers/duties and assist in finding the least restrictive, appropriate care facility for placement.

• Allows for court-ordered placement if no authorized representative or person authorized to consent is found after good faith efforts, with specific petition and affidavit requirements from medical and facility staff.

• Permits court orders to authorize a qualified employee of the receiving facility to apply for public assistance on behalf of the patient if necessary.

• Provides immunity from civil/criminal liability and professional discipline for individuals acting in good faith under these provisions.

• Requires the Department of Health and Human Services to adopt rules for implementation

Signed by Governor May 15, 2026. Takes effect July 1, 2026.