HB 5485, An Act Concerning Supported Decision-Making

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE HUMAN SERVICES COMMITTEE

Tuesday, March 10, 2026

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning HB 5485, An Act Concerning Supported Decision-Making.  CHA opposes the bill as written.

Connecticut hospitals make our state stronger by delivering nationally recognized, world-class care, supporting jobs and economic growth, and serving communities across Connecticut.  Every day, hospitals improve access, affordability, and health equity — providing care to all patients regardless of ability to pay.  At the same time, hospitals invest in their workforce and local communities, even as they navigate significant financial and federal challenges.

HB 5485 attempts to create a quasi-contractual agreement system for adults who wish to utilize supported decision-making, and to establish rights of external persons to help these adults “understand the nature and consequences of potential personal and financial decisions and communicate such decisions.”  The impacted decisions discussed in HB 5485 expressly include medical issues and decisions. 

CHA appreciates the desire to help individuals understand their circumstances and options.  But HB 5485, as written, is misaligned with a variety of existing legal options to assist another person with their financial and medical choices.    Patients already have rights under HIPAA to assign someone as a “personal representative” pursuant to 45 CFR 164.502(g) or to allow friends or family members, as chosen by the individual, to assist them with, and participate in, their care and billing issues pursuant to 45 CFR 164.510(b). The bill’s current drafting does not clearly identify important distinctions between these existing legal options and the bill’s new framework, likely causing significant confusion.

In addition to HIPAA, there is a complex and established legal system surrounding medical decision-making that speaks to when an individual makes decisions for themselves, and when a proxy decisionmaker is instead the person making care choices.  These laws include: the federal Patient Self-Determination Act; Connecticut laws on conservatorship, advance medical decision-making, and next-of-kin medical decision-making; and powers of attorney for access to records, to name a few.  This network of laws serves to protect patients, ensure privacy concerns are met, and allow for interstate recognition of proxy decisionmakers. 

HB 5485 would interfere with this existing, complex legal framework. 

While we oppose the bill as written, specific to the medical setting, CHA welcomes the opportunity to work with the committee and other stakeholders to better understand the problem that HB 5485 is trying to address so that we can work together to find solutions.

Thank you for your consideration of our position.  For additional information, contact CHA Government Relations at (203) 294-7301.