HB 320: Supported Decision-Making Agreement; Qualified Adults; Supportive Community; Terms; Restrictions
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-07-07: Act 284, on 07/07/2025 (Gov. Msg. No. 1412, Bill title corrected).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. (CD1)
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. Effective 7/1/3000. (SD1)
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. Effective 7/1/3000. (HD2)
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. Effective 7/1/3000. (HD1)
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information and agreement requirements.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
320 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Chapter
SUPPORTED DECISION-MAKING AGREEMENT FOR QUALIFIED ADULTS
§ -1 Definitions. As used in this chapter:
"Adult" means an individual who is eighteen years of age or older, or an emancipated minor.
"Aging adult" means a person who is sixty-five years of age or older.
"Assist" means helping a qualified adult consider the advantages and disadvantages of a decision and understand the possible outcomes of making that decision.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
"Member of the supportive community" means a person whom the qualified adult has identified, whom the qualified adult trusts to engage in the supported decision-making process, and who understands the qualified adult's desires and personal values.
"Mentally ill adult" means an adult who has a psychiatric disorder or other disease that substantially impairs the adult's mental health and necessitates treatment or supervision.
"Personal information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information, that is linked or linkable to a specific individual.
"Qualified adult" means an adult with a disability, a mentally ill adult, or an aging adult.
"Supported decision-making" means a process where a qualified adult has made or is making decisions by using friends, family members, professionals, or other people the qualified adult trusts to:
(1) Help understand the issues and choices;
(2) Answer questions;
(3) Provide explanations in a language the qualified adult understands;
(4) Communicate the qualified adult's decision to others, if necessary and if specifically requested by the qualified adult; or
(5) Facilitate the exercise of decisions regarding the qualified adult's day-to-day health, safety, welfare, or financial affairs.
"Supported decision-making agreement" or "agreement" means a voluntary agreement entered into pursuant to this chapter between a qualified adult and one or more members of the supportive community.
"Vulnerable adult" has the same meaning as defined in section 346-222.
§ -2 Supported decision-making agreement; term. (a) A qualified adult may voluntarily, without coercion or undue influence, enter into a supported decision-making agreement with one or more members of the supportive community; provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator.
(b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following:
(1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the qualified adult's life decisions, without making those decisions on behalf of the qualified adult;
(2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to:
(A) Medical, psychological, financial, educational, occupational, and social decisions;
(B) Treatment records;
(C) How and in what relationships the qualified adult chooses to engage; and
(D) Information about how members of the supportive community are chosen; or
(3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult.
(c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supported decision-making agreement.
(d) A qualified adult shall not enter into a supported decision-making agreement with a member of the supportive community who:
(1) Has been confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult; or
(2) Has been convicted of:
(A) A crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(B) A financial crime; or
(C) The offense of theft in the first, second, third, or fourth degree.
§ -3 Access to personal information. (a) The member of the supportive community selected by a qualified adult pursuant to section -2 shall only assist the qualified adult in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when the assistance is specifically requested by the qualified adult; provided that protected medical information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or education records under title 20 United States Code section 1232g of the Family Educational Rights and Privacy Act of 1974 shall require express written consent from the qualified adult.
(b) If a member of the supportive community assists the qualified adult in accessing, collecting, or obtaining financial, medical, or personal information, the member of the supportive community shall keep the information confidential, as requested by the qualified adult.
(c) A member of the supportive community who obtains information pursuant to this section shall only use the information for the specific purposes requested by the qualified adult. Any misuse of information obtained pursuant to this section may subject the member of the supportive community to criminal and civil liability.
§ -4 Supported decision-making agreement; requirements; termination. (a) A supported decision-making agreement shall be in writing and shall include, at a minimum:
(1) The name of the qualified adult;
(2) The name, address, phone number, and electronic mail address of the member of the supportive community, if applicable;
(3) Identification of the subject matter for which the qualified adult requests advice from the member of the supportive community;
(4) A description of the agreement terms, including, at a minimum, the terms under which the member of the supportive community agrees to:
(A) Provide information as requested by the qualified adult;
(B) Respect that the final and ultimate decision is the qualified adult's and not the member of the supportive community's;
(C) Not coerce or manipulate the qualified adult into making any decision; and
(D) Provide the most up-to-date and relevant information to the qualified adult based on all the available and known information the member of the supportive community has;
(5) A description of how the members of the supportive community may work together, if there is more than one member of the supportive community;
(6) A description of how any perceived or actual conflict between the members of the supportive community and the qualified adult shall be mitigated;
(7) A notice that any person, as described in section 346‑224(a), who is relying on the supported decision-making agreement and who knows or has reason to believe that the qualified adult is a vulnerable adult and has incurred abuse or is in danger of abuse if immediate action is not taken, shall report the alleged abuse to the department of human services in accordance with section 346-224; and
(8) The day, month, and year the supported decision-making agreement was entered into.
(b) A supported decision-making agreement shall be signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
(c) The supported decision-making agreement shall be effective until terminated by either the qualified adult or the member of the supportive community, or by the terms of the agreement. Any party may choose to terminate the agreement at any time by providing written or verbal notice of the termination to all parties to the supported decision-making agreement.
(d) The supported decision-making agreement shall automatically be terminated if:
(1) After investigating a member of the supportive community for abuse of the qualified adult, the department of human services confirms that the qualified adult is a vulnerable adult who has been abused by the member of the supportive community; or
(2) The member of the supportive community is:
(A) Confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;
(B) Convicted of a crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(C) Convicted of a financial crime; or
(D) Convicted of the offense of theft in the first, second, third, or fourth degree.
(e) A supported decision-making agreement, or the execution of a supported decision-making agreement, shall not be used as evidence of incapacity or incompetency of the qualified adult and shall not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.
(f) The existence of a supported decision-making agreement shall not preclude a qualified adult from seeking personal information on their own without the assistance of the member of the supportive community.
§ -5 Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented.
(b) A person shall not be subject to criminal or civil liability and shall not be deemed to have engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement and its authority to assist as presented."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Supported Decision-Making Agreement; Qualified Adults; Supportive Community; Terms; Restrictions
Description:
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
320 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
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||
A BILL FOR AN ACT
RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Chapter
SUPPORTED DECISION-MAKING AGREEMENT FOR QUALIFIED ADULTS
§ -1 Definitions. As used in this chapter:
"Adult" means an individual who is eighteen years of age or older, or an emancipated minor.
"Aging adult" means a person who is sixty-five years of age or older.
"Assist" means helping a qualified adult consider the advantages and disadvantages of a decision and understand the possible outcomes of making that decision.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
"Member of the supportive community" means a person whom the qualified adult has identified, whom the qualified adult trusts to engage in the supported decision-making process, and who understands the qualified adult's desires and personal values.
"Mentally ill adult" means an adult who has a psychiatric disorder or other disease that substantially impairs the adult's mental health and necessitates treatment or supervision.
"Personal information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information, that is linked or linkable to a specific individual.
"Qualified adult" means an adult with a disability, a mentally ill adult, or an aging adult.
"Supported decision-making" means a process where a qualified adult has made or is making decisions by using friends, family members, professionals, or other people the qualified adult trusts to:
(1) Help understand the issues and choices;
(2) Answer questions;
(3) Provide explanations in a language the qualified adult understands;
(4) Communicate the qualified adult's decision to others, if necessary and if specifically requested by the qualified adult; or
(5) Facilitate the exercise of decisions regarding the qualified adult's day-to-day health, safety, welfare, or financial affairs.
"Supported decision-making agreement" or "agreement" means a voluntary agreement entered into pursuant to this chapter between a qualified adult and one or more members of the supportive community.
"Vulnerable adult" has the same meaning as defined in section 346-222.
§ -2 Supported decision-making agreement; term. (a) A qualified adult may voluntarily, without coercion or undue influence, enter into a supported decision-making agreement with one or more members of the supportive community; provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator.
(b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following:
(1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the qualified adult's life decisions, without making those decisions on behalf of the qualified adult;
(2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to:
(A) Medical, psychological, financial, educational, occupational, and social decisions;
(B) Treatment records;
(C) How and in what relationships the qualified adult chooses to engage; and
(D) Information about how members of the supportive community is chosen; or
(3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult.
(c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supportive decision-making agreement.
(d) A qualified adult shall not enter into a supported decision-making agreement with a member of the supportive community who:
(1) Has been confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult; or
(2) Has been convicted of:
(A) A crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(B) A financial crime; or
(C) The offense of theft in the first, second, third, or fourth degree.
§ -3 Access to personal information. (a) The member of the supportive community selected by a qualified adult pursuant to section -2 shall only assist the qualified adult in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when the assistance is specifically requested by the qualified adult; provided that protected medical information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or education records under title 20 United States Code section 1232g of the Family Educational Rights and Privacy Act of 1974 shall require express written consent from the qualified adult.
(b) If a member of the supportive community assists the qualified adult in accessing, collecting, or obtaining financial, medical, or personal information, the member of the supportive community shall keep the information confidential, as requested by the qualified adult.
(c) A member of the supportive community who obtains information pursuant to this section shall only use the information for the specific purposes requested by the qualified adult. Any misuse of information obtained pursuant to this section may subject the member of the supportive community to criminal and civil liability.
§ -4 Supported decision-making agreement; requirements; termination. (a) A supported decision-making agreement shall be in writing and shall include at a minimum:
(1) The name of the qualified adult;
(2) The name, address, phone number, and electronic mail address of the member of the supportive community, if applicable;
(3) Identification of the subject matter for which the qualified adult requests advice from the member of the supportive community;
(4) A description of the agreement terms, including, at a minimum, the terms under which the member of the supportive community agrees to:
(A) Provide information as requested by the qualified adult;
(B) Respect that the final and ultimate decision is the qualified adult's and not the member of the supportive community's;
(C) Not coerce or manipulate the qualified adult into making any decision; and
(D) Provide the most up-to-date and relevant information to the qualified adult based on all the available and known information the member of the supportive community has;
(5) A description of how the members of the supportive community may work together, if there is more than one member of the supportive community;
(6) A description of how any perceived or actual conflict between the members of the supportive community and the qualified adult shall be mitigated;
(7) A notice that any person, as described in section 346‑224(a), who is relying on the supported decision-making agreement and who knows or has reason to believe that the qualified adult is a vulnerable adult and has incurred abuse or is in danger of abuse if immediate action is not taken, shall report the alleged abuse to the department of human services in accordance with section 346-224; and
(8) The day, month, and year the supported decision-making agreement was entered into.
(b) A supported decision-making agreement shall be signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
(c) The supported decision-making agreement shall be effective until terminated by either the qualified adult or the member of the supportive community, or by the terms of the agreement. Any party may choose to terminate the agreement at any time by providing written or verbal notice of the termination to all parties to the supported decision-making agreement.
(d) The supported decision-making agreement shall automatically be terminated if:
(1) After investigating a member of the supportive community for abuse of the qualified adult, the department of human services confirms that the qualified adult is a vulnerable adult who has been abused by the member of the supportive community; or
(2) The member of the supportive community is:
(A) Confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;
(B) Convicted of a crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(C) Convicted of a financial crime; or
(D) Convicted of the offense of theft in the first, second, third, or fourth degree.
(e) A supported decision-making agreement, or the execution of a supported decision-making agreement, shall not be used as evidence of incapacity or incompetency of the qualified adult and shall not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.
(f) The existence of a supported decision-making agreement shall not preclude a qualified adult from seeking personal information on their own without the assistance of the member of the supportive community.
§ -5 Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented.
(b) A person shall not be subject to criminal or civil liability and shall not be deemed to have engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement and its authority to assist as presented."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Supported Decision-Making Agreement; Qualified Adults; Supportive Community; Terms; Restrictions
Description:
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
320 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
|
|
STATE OF HAWAII |
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|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Chapter
SUPPORTED DECISION-MAKING AGREEMENT FOR QUALIFIED ADULTS
§ -1 Definitions. As used in this chapter:
"Adult" means an individual who is eighteen years of age or older, or an emancipated minor.
"Aging adult" means a person who is sixty-five years of age or older.
"Assist" means helping a qualified adult consider the advantages and disadvantages of a decision and understand the possible outcomes of making that decision.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
"Member of the supportive community" means a person whom the qualified adult has identified, whom the qualified adult trusts to engage in the supported decision-making process, and who understands the qualified adult's desires and personal values.
"Mentally ill adult" means an adult who has a psychiatric disorder or other disease that substantially impairs the adult's mental health and necessitates treatment or supervision.
"Personal information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information, that is linked or linkable to a specific individual.
"Qualified adult" means an adult with a disability, a mentally ill adult, or an aging adult.
"Supported decision-making" means a process where a qualified adult has made or is making decisions by using friends, family members, professionals, or other people the qualified adult trusts to:
(1) Help understand the issues and choices;
(2) Answer questions;
(3) Provide explanations in a language the qualified adult understands;
(4) Communicate the qualified adult's decision to others, if necessary and if specifically requested by the qualified adult; or
(5) Facilitate the exercise of decisions regarding the qualified adult's day-to-day health, safety, welfare, or financial affairs.
"Supported decision-making agreement" or "agreement" means a voluntary agreement entered into pursuant to this chapter between a qualified adult and one or more members of the supportive community.
"Vulnerable adult" has the same meaning as defined in section 346-222.
§ -2 Supported decision-making agreement; term. (a) A qualified adult may voluntarily, without coercion or undue influence, enter into a supported decision-making agreement with one or more members of the supportive community; provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator.
(b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following:
(1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the qualified adult's life decisions, without making those decisions on behalf of the qualified adult;
(2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to:
(A) Medical, psychological, financial, educational, occupational, and social decisions;
(B) Treatment records;
(C) How and in what relationships the qualified adult chooses to engage; and
(D) Information about how a supportive community is chosen; or
(3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult.
(c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supportive decision-making agreement.
(d) A qualified adult shall not enter into a supported decision-making agreement with a member of the supportive community who:
(1) Provides paid support services to the qualified adult;
(2) Has been confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult; or
(3) Has been convicted of:
(A) A crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(B) A financial crime; or
(C) The offense of theft in the first, second, third, or fourth degree.
§ -3 Access to personal information. (a) The member of the supportive community selected by a qualified adult pursuant to section -2 shall only assist the qualified adult in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when the assistance is specifically requested by the qualified adult; provided that protected medical information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or education records under title 20 United States Code section 1232g of the Family Educational Rights and Privacy Act of 1974 shall require express written consent from the qualified adult.
(b) If a member of the supportive community assists the qualified adult in accessing, collecting, or obtaining financial, medical, or personal information, the member of the supportive community shall keep the information confidential, as requested by the qualified adult.
(c) A member of the supportive community who obtains information pursuant to this section shall only use the information for the specific purposes requested by the qualified adult. Any misuse of information obtained pursuant to this section may subject the member of the supportive community to criminal and civil liability.
§ -4 Supported decision-making agreement; requirements; termination. (a) A supported decision-making agreement shall be in writing and shall include at a minimum:
(1) The name of the qualified adult;
(2) The name, address, phone number, and electronic mail address of the member of the supportive community, if applicable;
(3) Identification of the subject matter for which the qualified adult requests advice from the member of the supportive community;
(4) A description of the agreement terms, including, at a minimum, the terms under which the member of the supportive community agrees to:
(A) Provide information as requested by the qualified adult;
(B) Respect that the final and ultimate decision is the qualified adult's and not the member of the supportive community's;
(C) Not coerce or manipulate the qualified adult into making any decision; and
(D) Provide the most up-to-date and relevant information to the qualified adult based on all the available and known information the member of the supportive community has;
(5) A description of how the members of the supportive community may work together, if there is more than one member of the supportive community;
(6) A description of how any perceived or actual conflict between the members of the supportive community and the qualified adult shall be mitigated;
(7) A notice that any person, as described in section 346‑224(a), who is relying on the supported decision-making agreement and who knows or has reason to believe that the qualified adult is a vulnerable adult and has incurred abuse or is in danger of abuse if immediate action is not taken, shall report the alleged abuse to the department of human services in accordance with section 346-224; and
(8) The day, month, and year the supported decision-making agreement was entered into.
(b) A supported decision-making agreement shall be signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
(c) The supported decision-making agreement shall be effective until terminated by either the qualified adult or the member of the supportive community, or by the terms of the agreement. Any party may choose to terminate the agreement at any time by providing written or verbal notice of the termination to all parties to the supported decision-making agreement.
(d) The supported decision-making agreement shall automatically be terminated if:
(1) The member of the supportive community who entered into the decision-making agreement provides paid support services to the qualified adult;
(2) After investigating a member of the supportive community for abuse of the qualified adult, the department of human services confirms that the qualified adult is a vulnerable adult who has been abused by the member of the supportive community; or
(3) The member of the supportive community is:
(A) Confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;
(B) Convicted of a crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(C) Convicted of a financial crime; or
(D) Convicted of the offense of theft in the first, second, third, or fourth degree.
(e) A supported decision-making agreement, or the execution of a supported decision-making agreement, shall not be used as evidence of incapacity or incompetency of the qualified adult and shall not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.
(f) The existence of a supported decision-making agreement shall not preclude a qualified adult from seeking personal information on their own without the assistance of the member of the supportive community.
§ -5 Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented.
(b) A person shall not be subject to criminal or civil liability and shall not be deemed to have engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement and its authority to assist as presented."
SECTION 2.
If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Supported Decision-Making Agreement; Qualified Adults; Supportive Community; Terms; Restrictions
Description:
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
320 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Chapter
SUPPORTED DECISION-MAKING AGREEMENT FOR QUALIFIED ADULTS
§ -1 Definitions. As used in this chapter:
"Adult" means an individual who is eighteen years of age or older, or an emancipated minor.
"Aging adult" means a person who is sixty-five years of age or older.
"Assist" means helping a qualified adult consider the advantages and disadvantages of a decision and understand the possible outcomes of making that decision.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
"Member of the supportive community" means a person whom the qualified adult has identified, whom the qualified adult trusts to engage in the supported decision-making process, and who understands the qualified adult's desires and personal values.
"Mentally ill adult" means an adult who has a psychiatric disorder or other disease that substantially impairs the adult's mental health and necessitates treatment or supervision.
"Personal information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information, that is linked or linkable to a specific individual.
"Qualified adult" means an adult with a disability, a mentally ill adult, or an aging adult.
"Supported decision-making" means a process where a qualified adult has made or is making decisions by using friends, family members, professionals, or other people the qualified adult trusts to:
(1) Help understand the issues and choices;
(2) Answer questions;
(3) Provide explanations in a language the qualified adult understands;
(4) Communicate the qualified adult's decision to others, if necessary and if specifically requested by the qualified adult; or
(5) Facilitate the exercise of decisions regarding the qualified adult's day-to-day health, safety, welfare, or financial affairs.
"Supported decision-making agreement" or "agreement" means a voluntary agreement entered into pursuant to this chapter between a qualified adult and one or more members of the supportive community.
§ -2 Supported decision-making agreement; term. (a) A qualified adult may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more members of the supportive community; provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator.
(b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following:
(1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the qualified adult;
(2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to:
(A) Medical, psychological, financial, educational, occupational, and social decisions;
(B) Treatment records;
(C) How and in what relationships the qualified adult chooses to engage; and
(D) Information about how a supportive community is chosen; or
(3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult.
(c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supportive decision-making agreement.
(d) A qualified adult shall not enter into a supported decision-making agreement with a member of the supportive community who:
(1) Provides paid support services to the qualified adult; or
(2) Has been convicted of:
(A) A crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(B) A financial crime; or
(C) The offense of theft in the first, second, third, or fourth degree.
§ -3 Access to personal information. (a) The member of the supportive community selected by a qualified adult pursuant to section -2 shall only assist the qualified adult in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when the assistance is specifically requested by the qualified adult; provided that protected medical information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or education records under title 20 United States Code section 1232g of the Family Educational Rights and Privacy Act of 1974 shall require express written consent from the qualified adult.
(b) If a member of the supportive community assists the qualified adult in accessing, collecting, or obtaining financial, medical, or personal information, the member of the supportive community shall keep the information confidential, as requested by the qualified adult.
(c) A member of the supportive community who obtains information pursuant to this section shall only use the information for the specific purposes requested by the qualified adult. Any misuse of information obtained pursuant to this section may subject the member of the supportive community to criminal and civil liability.
§ -4 Supported decision-making agreement; requirements; termination. (a) A supported decision-making agreement shall be in writing and shall include at a minimum:
(1) The name of the qualified adult;
(2) The name, address, phone number, and electronic mail address of the member of the supportive community, if applicable;
(3) Identification of the subject matter for which the qualified adult requests advice from the member of the supportive community;
(4) A description of the agreement terms, including, at a minimum, the terms under which the member of the supportive community agrees to:
(A) Provide information as requested by the qualified adult;
(B) Respect that the final and ultimate decision is the qualified adult's and not the member of the supportive community's;
(C) Not coerce or manipulate the qualified adult into making any decision; and
(D) Provide the most up-to-date and relevant information to the qualified adult based on all the available and known information the member of the supportive community has;
(5) A description of how the members of the supportive community may work together, if there is more than one member of the supportive community;
(6) A description of how any perceived or actual conflict between the members of the supportive community and the adult shall be mitigated;
(7) A notice that any person, as described in section 346‑224(a), who is relying on the supported decision-making agreement and who knows or has reason to believe that the qualified adult is a vulnerable adult and has incurred abuse or is in danger of abuse if immediate action is not taken, shall report the alleged abuse to the department of human services in accordance with section 346-224; and
(8) The day, month, and year the supported decision-making agreement was entered into.
(b) A supported decision-making agreement shall be signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
(c) The supported decision-making agreement shall be effective until terminated by either the qualified adult or the member of the supportive community, or by the terms of the agreement. Any party may choose to terminate the agreement at any time by providing written or verbal notice of the termination to all parties to the supported decision-making agreement.
(d) The supported decision-making agreement shall automatically be terminated if:
(1) After investigating a member of the supportive community for abuse of the qualified adult, the department of human services confirms that the qualified adult is a vulnerable adult who has been abused by the member of the supportive community; or
(2) The member of the supportive community is:
(A) Confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;
(B) Convicted of a crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(C) Convicted of a financial crime; or
(D) Found to have committed theft in the first, second, third, or fourth degree.
(e) A supported decision-making agreement, or the execution of a supported decision-making agreement, shall not be used as evidence of incapacity or incompetency of the qualified adult and shall not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.
(f) The existence of a supported decision-making agreement shall not preclude a qualified adult from seeking personal information on their own without the assistance of the member of the supportive community.
(g) For the purposes of this section, "vulnerable adult" has the same meaning as defined in section 346-222.
§ -5 Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented.
(b) A person shall not be subject to criminal or civil liability and shall not be deemed to have engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement and its authority to assist as presented."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Supported Decision-Making Agreement; Qualified Adults; Supportive Community; Terms; Restrictions
Description:
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
320 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to supported Decision-making agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"Chapter
SUPPORTED DECISION-MAKING AGREEMENT FOR QUALIFIED ADULTS
§ -1 Definitions. As used in this chapter:
"Adult" means an individual who is eighteen years of age or older, or an emancipated minor.
"Aging adult" means a person who is sixty-five years of age or older.
"Assist" means helping a qualified adult consider the advantages and disadvantages of a decision and understand the possible outcomes of making that decision.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment.
"Member of the supportive community" means a person whom the qualified adult has identified, whom the qualified adult trusts to engage in the supported decision-making process, and who understands the qualified adult's desires and personal values.
"Mentally ill adult" means an adult who has a psychiatric disorder or other disease that substantially impairs the adult's mental health and necessitates treatment or supervision.
"Qualified adult" means an adult with a disability, a mentally ill adult, or an aging adult.
"Supported decision-making" means a process where a qualified adult has made or is making decisions by using friends, family members, professionals, or other people the qualified adult trusts to:
(1) Help understand the issues and choices;
(2) Answer questions;
(3) Provide explanations in a language the qualified adult understands;
(4) Communicate the qualified adult's decision to others, if necessary and if specifically requested by the qualified adult; or
(5) Facilitate the exercise of decisions regarding the qualified adult's day-to-day health, safety, welfare, or financial affairs.
"Supported decision-making agreement" or "agreement" means a voluntary agreement entered into pursuant to this chapter between a qualified adult and one or more members of the supportive community.
§ -2 Supported decision-making agreement; term. (a) A qualified adult may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more members of the supportive community; provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator.
(b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following:
(1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the adult's life decisions, without making those decisions on behalf of the qualified adult;
(2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to:
(A) Medical, psychological, financial, educational, occupational, and social decisions;
(B) Treatment records;
(C) How and in what relationships the qualified adult chooses to engage; and
(D) Information about how a supportive community is chosen; or
(3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult.
(c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supportive decision-making agreement.
§ -3 Access to personal information. (a) The member of the supportive community selected by a qualified adult pursuant to section -2 shall only assist the qualified adult in accessing, collecting, or obtaining information that is relevant to a decision made pursuant to the supported decision-making agreement and only when the assistance is specifically requested by the qualified adult.
(b) If a member of the supportive community assists the qualified adult in accessing, collecting, or obtaining financial or personal information, the member of the supportive community shall keep the information confidential, as requested by the qualified adult.
(c) A member of the supportive community who obtains information pursuant to this section shall only use the information for the specific purposes requested by the qualified adult. Any misuse of information obtained pursuant to this section may subject the member of the supportive community to criminal and civil liability.
§ -4 Supported decision-making agreement; requirements; termination. (a) A supported decision-making agreement may be in any form but shall be valid only if it contains, at a minimum, the following:
(1) The name of the qualified adult;
(2) The name, address, phone number, and electronic mail address of the member of the supportive community, if applicable;
(3) A list of decisions for which the qualified adult requests advice from the member of the supportive community;
(4) A description of the agreement terms, including, at a minimum, the terms under which the member of the supportive community agrees to:
(A) Provide information as requested by the qualified adult;
(B) Respect that the final and ultimate decision is the qualified adult's and not the member of the supportive community's;
(C) Not coerce or manipulate the qualified adult into making any decision; and
(D) Provide the most up-to-date and relevant information to the qualified adult based on all the available and known information the member of the supportive community has;
(5) A notice that any person, as described in section 346‑224(a), who is relying on the supported decision-making agreement and has cause to believe that the qualified adult is being mistreated or abused by the member of the supportive community shall report the alleged mistreatment or abuse to the department of human services; and
(6) The day, month, and year the supported decision-making agreement was entered into.
(b) A supported decision-making agreement shall be signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.
(c) The supported decision-making agreement shall be effective until terminated by either the qualified adult or the member of the supportive community, or by the terms of the agreement. Any party may choose to terminate the agreement at any time by providing written or verbal notice of the termination to all parties to the supported decision-making agreement.
(d) The supported decision-making agreement shall automatically be terminated if:
(1) After investigating a member of the supportive community for mistreatment or abuse of the qualified adult, the department of human services finds that the qualified adult has been mistreated or abused by the member of the supportive community; or
(2) The member of the supportive community is:
(A) Substantiated in a case of mistreatment or abuse of the qualified adult, any other qualified adult, or any vulnerable adult;
(B) Convicted of a crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;
(C) Convicted of a financial crime; or
(D) Found to have committed theft in the first, second, third, or fourth degree.
For the purposes of this paragraph, "vulnerable adult" has the same meaning as defined in section 346-222.
(e) A supported decision-making agreement shall not be used as evidence of incapacity of the qualified adult.
(f) The existence of a supported decision-making agreement shall not preclude a qualified adult from seeking personal information on their own without the assistance of the member of the supportive community.
§ -5 Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented.
(b) A person shall not be subject to criminal or civil liability and shall not be deemed to have engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a supported decision-making agreement and its authority to assist as presented."
SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Supported Decision-Making Agreement; Qualified Adults; Terms; Restrictions
Description:
Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information and agreement requirements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jul 7, 2025 | Act 284, on 07/07/2025 (Gov. Msg. No. 1412, Bill title corrected). |
| Jul 7, 2025 | Act 284, 07/07/2025 (Gov. Msg. No. 1412, Bill title corrected). |
| Jul 3, 2025 | Act 284, on 07/03/2025 (Gov. Msg. No. 1387). |
| Jul 3, 2025 | Act 284, 07/03/2025 (Gov. Msg. No. 1387). |
| May 1, 2025 | Transmitted to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25 |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 33). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 33) as amended in (CD 1). |
| Apr 23, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Marten, Poepoe, Chun, Olds; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Alcos. |
| Apr 23, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Hashimoto, Chang, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 22, 2025 | Bill scheduled for Conference Committee Meeting on Wednesday, 04-23-25 1:35PM in conference room 329. |
| Apr 21, 2025 | Received notice of Senate conferees (Sen. Com. No. 850). |
| Apr 21, 2025 | Senate Conferees Appointed: Hashimoto Chair; Chang Co-Chair; Fevella. |
| Apr 21, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 755). |
| Apr 17, 2025 | House Conferees Appointed: Marten, Poepoe Co-Chairs; Chun, Olds, Alcos. |
| Apr 10, 2025 | Received notice of disagreement (Hse. Com. No. 621). |
| Apr 8, 2025 | House disagrees with Senate amendment (s). |
| Apr 4, 2025 | Returned from Senate (Sen. Com. No. 570) in amended form (SD 1). |
| Apr 4, 2025 | Report Adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none. Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 3, 2025 | One Day Notice 04-04-25. |
| Apr 3, 2025 | Reported from JDC (Stand. Com. Rep. No. 1644) with recommendation of passage on Third Reading. |
| Mar 25, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Gabbard, Awa. |
| Mar 21, 2025 | The committee(s) on JDC will hold a public decision making on 03-25-25 10:01AM; Conference Room 016 & Videoconference. |
| Mar 20, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Mar 20, 2025 | Reported from HHS (Stand. Com. Rep. No. 1192) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Mar 12, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, Aquino, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Hashimoto, Keohokalole. |
| Mar 7, 2025 | The committee(s) on HHS has scheduled a public hearing on 03-12-25 1:10PM; Conference Room 225 & Videoconference. |
| Mar 6, 2025 | Referred to HHS, JDC. |
| Mar 6, 2025 | Passed First Reading. |
| Mar 6, 2025 | Received from House (Hse. Com. No. 212). |
| Mar 4, 2025 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Pierick, Ward excused (2). Transmitted to Senate. |
| Feb 28, 2025 | Forty-eight (48) hours notice Tuesday, 03-04-25. |
| Feb 28, 2025 | Reported from JHA (Stand. Com. Rep. No. 1052) as amended in HD 2, recommending passage on Third Reading. |
| Feb 25, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Perruso, Takayama, Todd; Ayes with reservations: none; Noes: none; and 4 Excused: Representative(s) Cochran, Kahaloa, Garcia, Shimizu. |
| Feb 21, 2025 | Bill scheduled to be heard by JHA on Tuesday, 02-25-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4). |
| Feb 14, 2025 | Reported from HSH (Stand. Com. Rep. No. 683) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Chun, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none. |
| Feb 6, 2025 | Bill re-scheduled to be heard by HSH on Tuesday, 02-11-25 9:45AM in conference room 329 VIA VIDEOCONFERENCE. |
| Jan 31, 2025 | Bill scheduled to be heard by HSH on Tuesday, 02-11-25 10:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 21, 2025 | Referred to HSH, JHA, referral sheet 1 |
| Jan 17, 2025 | Introduced and Pass First Reading. |
| Jan 16, 2025 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Mar 25, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Mar 12, 2025 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
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| Mar 4, 2025 | Third Reading | House Floor |
Passed |
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| Feb 25, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Feb 11, 2025 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Arc of Maui County | ** Support | |
| Department of Health | ** Support | |
| Department of Human Services | ** Support | |
| Disability and Communication Access Board | ** Support | |
| Easterseals Hawaii | ** Support | |
| Executive Office on Aging | ** Support | |
| Full Life | ** Support | |
| Guardianship Conservatorship Working Group | *** Support | Mar 12, 2025 |
| Hawaii Disability Rights Center | ** Support | |
| Hawaii Self-Advocacy Advisory Council | ** Support | |
| Hawaii Self-Advocacy Advisory Council | *** Support | Mar 25, 2025 |
| Hawaii Self-Advocacy Advisory Council (HISAAC) | *** Support | Mar 25, 2025 |
| Hawaii Self‑Advocacy Advisory Council | ** Support | |
| Hawaiʻi State Council on Developmental Disabilities | ** Support | |
| Kaua‘i County Council | *** Support | Mar 12, 2025 |
| Lanakila Pacific Employment Services | *** Support | Mar 12, 2025 |
| Special Education Advisory Council | ** Support | |
| State Council on Developmental Disabilities | ** Support | |
| The Arc in Hawaii | ** Support | |
| The Arc in Hawaii | *** Support | Mar 12, 2025 |
CONFERENCE COMMITTEE REP. NO. 33
Honolulu, Hawaii
, 2025
RE: H.B. No. 320
H.D. 2
S.D. 1
C.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madam and Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 320, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Allow qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community; and
(2) Specify the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination.
Your Committee on Conference has amended this measure by:
(1) Changing its effective date to upon approval; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 320, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 320, H.D. 2, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
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ON THE PART OF THE HOUSE |
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____________________________ TROY N. HASHIMOTO Chair |
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____________________________ LISA MARTEN Co-Chair |
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____________________________ STANLEY CHANG Co-Chair |
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____________________________ MAHINA POEPOE Co-Chair |
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STAND. COM. REP. NO. 1644
Honolulu, Hawaii
RE: H.B. No. 320
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 320, H.D. 2, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Allow qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision‑making agreements with one or more members of a supportive community; and
(2) Specify the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination.
Your Committee received testimony in support of this measure from the Department of Health, Disability and Communication Access Board, Hawaiʻi State Council on Developmental Disabilities, Easterseals Hawaii, Hawaii Disability Rights Center, Hawaii Self‑Advocacy Advisory Council, Full Life, Arc of Maui County, and seven individuals.
Your Committee received comments on this measure from the Guardianship Conservatorship Working Group.
Your Committee finds that supported decision-making agreements have been established in several states and serve as a meaningful alternative to guardianship by providing individuals with the tools and support to make their own decisions without restrictive legal oversight. This measure will establish a clear legal framework to ensure that older adults and people with disabilities maintain their rights, dignity, and independence by making decisions about their own lives with help from people that they trust and choose.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 320, H.D. 2, S.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 1192
Honolulu, Hawaii
RE: H.B. No. 320
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred H.B. No. 320, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Allow qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community; and
(2) Specify the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination.
Your Committee received testimony in support of this measure from the Department of Human Services, State Council on Developmental Disabilities, Executive Office on Aging, one member of the Kauaʻi County Council, Disability and Communication Access Board, Hawaii Disability Rights Center, The Arc in Hawaii, Full Life, Hawaii Self-Advocacy Advisory Council, Easterseals Hawaii, Special Education Advisory Council, and nineteen individuals.
Your Committee received comments on this measure from the Guardianship Conservatorship Working Group.
Your Committee finds that many individuals, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, have limited options for decision-making support, often being placed under restrictive guardianship arrangements that unnecessarily strip away their basic rights and dignity. Your Committee further finds that guardianship often deprives individuals of the ability to make key life decisions, ranging from medical choices to financial matters and personal relationships, undermining their independence and fostering exclusion rather than empowerment. Accordingly, by establishing a framework to allow individuals to enter into supported decision-making agreements with one or more members of the individual's supportive community, this measure affirms the autonomy, dignity, and self-determination of individuals who may require support in decision-making but do not need or want restrictive guardianship or conservatorship.
Your Committee has amended this measure by:
(1) Deleting language that would have prohibited a qualified adult from entering into a supported decision-making agreement with a member of the supportive community who provides paid support services to the qualified adult;
(2) Deleting language that would have required a supported decision-making agreement to be automatically terminated if the member of the supportive community who entered into the decision-making agreement provides paid support services to the qualified adult; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 320, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 320, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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STAND. COM. REP. NO. 1052
Honolulu, Hawaii
, 2025
RE: H.B. No. 320
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 320, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Allow qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or more members of a supportive community; and
(2) Specify the terms of a supported decision-making agreement, including access to personal information, agreement requirements, and circumstances for termination.
Your Committee received testimony in support of this measure from the Executive Office on Aging; Disability and Communication Access Board; State Council on Developmental Disabilities; one member of the Kauaʻi County Council; Hawaii Disability Rights Center; Hawaii Self-Advocacy Advisory Council; Easterseals Hawaii; Special Education Advisory Council; Full Life; and seven individuals. Your Committee received comments on this measure from the Department of Health; Department of the Attorney General; and Department of Human Services.
Your Committee finds that supported decision-making agreements allow adults with a disability, mentally ill adults, and adults sixty-five years of age or older to make their own decisions with the help of trusted supporters. This approach promotes greater autonomy, dignity, and self-determination, while also minimizing the need for more restrictive measures like guardianships, which can undermine an individual's rights and freedoms.
Your Committee has amended this measure by:
(1) Clarifying the definition of "vulnerable adult" as used in the supported decision-making agreements chapter;
(2) Prohibiting a qualified adult from entering into a supported decision-making agreement with a member of the supportive community who has been confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;
(3) Requiring a supported decision-making agreement to be automatically terminated if the member of the supportive community who entered into the decision-making agreement provides paid support services to the qualified adult; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 320, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 320, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 683
Honolulu, Hawaii
, 2025
RE: H.B. No. 320
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Human Services & Homelessness, to which was referred H.B. No. 320 entitled:
"A BILL FOR AN ACT RELATING TO SUPPORTED DECISION-MAKING AGREEMENTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Allow qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or members of a supportive community; and
(2) Specify the terms of a supported decision-making agreement, including access to personal information and agreement requirements.
Your Committee finds that many individuals with disabilities, mental illness, or aging-related challenges require support in decision-making, yet existing legal frameworks often place them under restrictive guardianship, stripping them of autonomy and basic rights. This measure addresses these concerns by allowing qualified adults to enter into supported decision-making agreements, enabling them to make informed choices with the guidance of trusted supporters and ensuring that individuals can direct their own lives with dignity and self-determination.
Your Committee has amended this measure by:
(1) Defining "personal information";
(2) Disqualifying certain persons from entering into a supported decision-making agreement as a member of a supportive community;
(3) Requiring express written consent from the qualified adult for certain medical information and education records protected under federal privacy laws;
(4) Clarifying the types of information a member of the supportive community must keep confidential after assisting a qualified adult to access, collect, or obtain the information;
(5) Clarifying the minimum requirements of a supported decision-making agreement;
(6) Clarifying provisions related to the automatic termination of a supported decision-making agreement;
(7) Specifying that a supported decision-making agreement, or the execution of a supported decision-making agreement, shall not be used as evidence of incapacity or incompetency of a qualified adult and shall not preclude an adult with a functional impairment from acting independently of the agreement;
(8) Changing the effective date to July 1, 3000, to encourage further discussion; and
(9) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 320, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 320, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,
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____________________________ LISA MARTEN, Chair |
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Date
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Testimony PDF
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| Mar 25, 2025 | HB320_SD1_TESTIMONY_JDC_03-25-25_.PDF |
| Mar 12, 2025 | HB320_HD2_TESTIMONY_HHS_03-12-25_.PDF |
| Feb 25, 2025 | HB320_HD1_TESTIMONY_JHA_02-25-25_.PDF |
| Feb 11, 2025 | HB320_TESTIMONY_HSH_02-11-25_.PDF |
Discussed in Hearing
2MIN
Conference Committee
1MIN
Senate Standing Committee on Agriculture and Environment
1MIN
Senate Standing Committee on Health and Human Services
1MIN
Senate Standing Committee on Housing
16MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Standing Committee on Judiciary & Hawaiian Affairs
12MIN
House Standing Committee on Human Services & Homelessness
Bill Author
Bill Co-Author(s):