This document includes Senate Committee Amendments incorporated into the bill on Wed, Mar 4, 2020 at 9:28 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 6, 2020 at 4:41 PM by lpoole.
1     
LIABILITY FOR PROVIDING SERVICES TO DISABLED

2     
ADULTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Todd Weiler

6     
House Sponsor: Craig Hall

7     

8     LONG TITLE
9     General Description:
10          This bill addresses liability of entities that provide certain services to an adult with a
11     disability.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms; and
15          ▸     enacts provisions that limit the liability of an entity that provides habilitative
16     support services to an adult with a disability.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     ENACTS:
23          78B-4-517, Utah Code Annotated 1953
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 78B-4-517 is enacted to read:
27          78B-4-517. Limited liability for an entity that provides services to high risk

28     disabled adults.
29          (1) As used in this section:
30          (a) "Brain injury" means the same as that term is defined in Section 62A-5-101.
31          (b) "Habilitative support services" means community-based services that assist an
32     individual to keep, learn, or improve skills and functioning necessary for daily living.
33          (c) "Habilitative support service provider" means an entity under contract with the
34     Division of Services for People with Disabilities, created in Section 62A-5-102, to provide
35     habilitative support services to a high risk disabled adult Ŝ→ [
and all owners, operators, and
36     employees of the entity or persons who contract with the entity to provide habilitative support
37     services
] ←Ŝ
.
38          (d) "High risk disabled adult" means an individual who:
39          (i) is 18 years old or older;
40          (ii) has:
41          (A) an intellectual disability or related condition; or
42          (B) a brain injury; and
43          (iii) is likely to engage in risk taking behaviors that may lead to harm or injury of
44     another, as further defined by the Division of Services for People with Disabilities, created in
45     Section 62A-5-102, by rule made in accordance with Title 63G, Chapter 3, Utah
46     Administrative Rulemaking Act.
47          (e) "Related condition" means the same as that term is defined in Section 78A-6-105.
48          (2) Except as provided in Subsection (3), Ŝ→ [
an entity] a habilitative support service
48a1     provider ←Ŝ is Ŝ→ [
immune from suit] not
48a     vicariously liable ←Ŝ for damages or
49     injury arising out of or related to the actions or inactions of Ŝ→ [
a high risk disabled adult] an
49a     employee or a person who contracts with the habilitative support service provider ←Ŝ that
49b     occur
50     while the Ŝ→ [
entity] employee or person ←Ŝ provides habilitative support services to Ŝ→ [the]
50a     a ←Ŝ high risk disabled adult.
51          (3) This section does not prohibit an action against a person for damages or injury
52     intentionally caused by the person or resulting from the person's gross negligence.