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LB 66

Adopt the Uniform Health-Care Decisions Act

109th Legislature (2025-2026) Introduced by Wendy DeBoer

Nebraska LB 66 adopts the Uniform Health-Care Decisions Act to let individuals appoint agents and surrogates for medical decisions, reducing guardianship and guiding care.

Title printed. Carryover bill
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Bill Summary · LB 66

Summary of Nebraska LB 66 — Uniform Health-Care Decisions Act

Overview

LB 66 proposes adopting the Uniform Health-Care Decisions Act in Nebraska. Introduced on January 9, 2025 by Senator Wendy DeBoer (with Senator Carolyn Bosn serving as chair of the hearing), the bill is currently in the Judiciary Committee. A notice of hearing was issued for March 19, 2025. The act aims to modernize Nebraska law governing health-care decisions for individuals who cannot make those decisions themselves, by allowing appointments of agents, specifying surrogates, and clarifying duties and protections for health-care professionals and surrogates.

Purpose and Intent

  • Update, clarify, and modernize health-care decision-making when an individual lacks capacity.
  • Enable individuals to appoint agents to make health-care decisions and to provide health-care professionals with instructions reflecting their values and preferences.
  • Provide mechanisms for others to make health-care decisions when an individual has not appointed an agent, reducing reliance on guardianship or court involvement.
  • Establish duties, powers, and immunities for surrogates and health-care professionals.

Key Provisions and Changes (as defined in the bill’s initial text)

  • Uniform Health-Care Decisions Act designation: Sections 1–30 establish the act and authorize the use of the defined terms throughout Nebraska law.
  • Advance health-care directives: Broad category including powers of attorney for health care, health-care instructions, and advance mental health-care directives.
  • Agent and powers:
    • Agent: Person appointed to make health-care decisions for the individual (including co-agents or alternate agents).
    • Power of attorney for health care: Legal instrument appointing an agent.
  • Capacity standard: A defined standard for determining when an individual has capacity to make or revoke health-care decisions (criteria related to communication, understanding, and consequences).
  • Surrogates and default surrogates:
    • Surrogate: An agent, a default surrogate, or a guardian authorized to make health-care decisions.
    • Default surrogate: A designated individual authorized to decide in the absence of an appointed agent.
  • Supported decision making: Assistance from chosen supporters to help an individual understand and make health-care decisions.
  • Health-care instructions and decisions:
    • Instructions reflect goals, preferences, and values for health care, including conditions under which they should be effective.
    • Health-care decisions cover provider selection, tests, procedures, medications, and directions regarding life-sustaining treatments.
  • Health-care professionals and institutions: Definitions to guide who can provide care and where care is delivered.
  • Digital and record considerations: Recognition of electronic means and records (e.g., electronic instructions and directives).
  • Immunity and protections: Immunities for surrogates and health-care professionals under specified circumstances.
  • Serpability and severability: The act includes a severability clause to preserve enforceability of remaining provisions if any part is invalid.

Affected Parties

  • Individuals who may lack capacity and wish to plan ahead (via agents, directives, or surrogate arrangements).
  • Family members, cohabitants, and others who could serve as surrogates or be considered “persons interested in the welfare” of the individual.
  • Health-care professionals and health-care institutions, which must follow directives and coordinates with surrogates/agents.
  • Guardians and guardians ad litem, with clarified roles relative to surrogates.

Implementation and Timeline

  • Introduced: January 9, 2025
  • Referred to: Judiciary Committee (January 13, 2025)
  • Notices and Hearings: Notice of hearing issued February 6, 2025; Hearing scheduled for March 19, 2025.
  • Primary sponsor: Senator Wendy DeBoer; Chair of hearing: Senator Carolyn Bosn.

Notes

  • The bill emphasizes reducing court involvement and guardianship where feasible by expanding authorized decision-making pathways.
  • It includes comprehensive definitions to ensure consistent application across health-care contexts.

If you’d like, I can tailor this summary to a specific audience (legal professionals, policymakers, or general public) or compare LB 66 to existing Nebraska statutes or the Uniform Health-Care Decisions Act as adopted in other states.

Compiled from official sources — confirm details with the bill’s official record.

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