Terms Used In Louisiana Revised Statutes 13:4261.208

  • Adult: means an individual with a disability as defined by the Americans with Disabilities Act of 1990, 42 U. See Louisiana Revised Statutes 13:4261.102
  • Supported decisionmaking: means a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, with whom the adult wants to live, and where the adult wants to work, without impeding the self-determination of the adult. See Louisiana Revised Statutes 13:4261.102
  • Supported decisionmaking agreement: is a n agreement between an adult and a supporter entered into under this Chapter. See Louisiana Revised Statutes 13:4261.102
  • Supporter: means an individual who has attained the age of eighteen years of age and entered into a supported decisionmaking agreement with an adult. See Louisiana Revised Statutes 13:4261.102

            A. A supporter is authorized to assist the adult only in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decisionmaking agreement.

            B. If a supporter assists an adult in accessing, collecting, or obtaining personal information, including protected health information under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is not subject to unauthorized access, use, or disclosure.

            C. The existence of a supported decisionmaking agreement does not preclude an adult from seeking personal information without the assistance of a supporter.

            Acts 2020, No. 258, §2.