1     
LIABILITY FOR PROVIDING SERVICES TO DISABLED

2     
ADULTS

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Marsha Judkins

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Senate Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill addresses liability of a person that provides 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 a person that provides habilitative support
16     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-4-518, Utah Code Annotated 1953
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 78B-4-518 is enacted to read:
27          78B-4-518. Limited liability for a person 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 a person 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.
36          (d) "High risk disabled adult" means an individual who:
37          (i) is 18 years old or older;
38          (ii) has:
39          (A) an intellectual disability or related condition; or
40          (B) a brain injury; and
41          (iii) is likely to engage in risk taking behaviors that may lead to harm or injury to the
42     individual's self or others, as further defined by the Division of Services for People with
43     Disabilities, created in Section 62A-5-102, by rule made in accordance with Title 63G, Chapter
44     3, Utah Administrative Rulemaking Act.
45          (e) "Related condition" means the same as that term is defined in Section 78A-6-105.
46          (2) Except as provided in Subsection (3), a habilitative support service provider is not
47     liable for damages or injury arising out of or related to the actions or inactions of an employee
48     that occur while the employee provides habilitative support services to a high risk disabled
49     adult.
50          (3) This section does not prohibit an action against a person for damages or injury
51     intentionally caused by the person or resulting from the person's gross negligence.