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.
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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
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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→ [
36 employees of the entity or persons who contract with the entity to provide habilitative support
37 services
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→ [
48a1 provider ←Ŝ is Ŝ→ [
48a vicariously liable ←Ŝ for damages or
49 injury arising out of or related to the actions or inactions of Ŝ→ [
49a employee or a person who contracts with the habilitative support service provider ←Ŝ that
49b occur
50 while the Ŝ→ [
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.