TO AMEND THE ARKANSAS HEALTHCARE DECISIONS ACT; AND TO CLARIFY THE ABILITY OF A SURROGATE TO OBTAIN RECORDS ON A PRINCIPAL'S INCOME, ASSETS, AND BANKING AND FINANCIAL RECORDS.

SB 178 clarifies that surrogates (people making healthcare decisions for incapacitated individuals) can access a principal's financial records - including income, assets, and bank accounts - to apply for public benefits like Medicaid. It requires a written designation signed by the principal or a healthcare provider, with specific details and witness requirements, to authorize this access. Financial institutions must follow strict procedures when processing requests, including notifying joint account holders, and cannot be held liable for complying in good faith. The law explicitly states surrogates cannot control or direct the principal's assets, and all accessed records must be securely handled and destroyed after the surrogate's authority ends.