An Act improving medical decision making
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H1874 — An Act improving medical decision making
No card. One bill, free forever — alerts when it moves.
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1Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
An Act improving medical decision making
Bill Text
- Full text Current
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill establishes a framework for surrogate decision-making for incapacitated individuals in Massachusetts, specifying criteria for surrogate selection and the decision-making process.
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Chapter 201D
This Section applies to “incapacitated persons” as defined in subsection 2 of this Act.
Defines the applicability of surrogacy provisions to incapacitated persons.
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Chapter 201D
The surrogate decision maker shall have the same right as the person to receive medical information and medical records and consent to disclosure.
Grants surrogates access to medical information and the right to consent to disclosures.
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Chapter 201D
A surrogate decision maker shall make decisions for the person conforming as closely as possible to what the person would have done or intended under the circumstances.
Mandates that surrogate decisions align with the known or inferred wishes of the incapacitated person.
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Chapter 201D
A health care provider shall require an individual claiming the right to act as surrogate for the person to provide a written declaration under penalty of perjury, stating facts and circumstance reasonably sufficient to establish the claimed authority.
Requires surrogates to provide written declarations to establish their authority.
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Chapter 201D
In determining the person’s best interests, the surrogate shall weigh the burdens on and benefits to the person of initiating recommended medical treatment against the burdens and benefits of refusing treatment and shall take into account any other information, including the views of family and friends, that the surrogate decision maker believes the person would have considered if able to act for herself or himself.
Enhances the criteria for surrogates to consider the best interests of the incapacitated person.
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Chapter 201D
No person shall be liable for civil damages or subject to professional discipline based on a claim of violating a person’s right to confidentiality as a result of making a reasonable inquiry as to the availability of a person’s family member or health care agent or alternate health care agent except for willful or wanton misconduct.
Protects individuals from liability when inquiring about potential surrogates.
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Chapter 201D
A surrogate designation under this Section is effective only during the episode of treatment or illness when the surrogate decision is made, or for 90 days, which period is shorter.
Establishes a time limit for the effectiveness of a surrogate designation.
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Chapter 201D
The attending physician may select a proposed surrogate who is ranked lower in priority if, in his or her judgment, that individual is best qualified, as described in subsection 10, to serve as the incapacitated person’s surrogate.
Allows flexibility in surrogate selection based on qualifications rather than strict priority order.
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Chapter 201D
In the event an individual of a higher priority to an identified surrogate becomes available and willing to be the surrogate, the individual with higher priority may be identified by the attending physician if such identification satisfied the requirements of subsections 7 through 13 of this Section.
Permits substitution of surrogates if a higher priority individual becomes available.
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Chapter 201D
Where there are multiple possible surrogate decision makers at the same priority level, the attending physician or the advanced practice nurse practitioner shall, after a reasonable inquiry, select as the surrogate the person who reasonably appears to be best qualified.
Empowers the physician to select the most suitable surrogate from equally ranked candidates.
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Chapter 201D
A surrogate decision maker appointed pursuant to this Section has authority to make decisions regarding transfers and/or admission to a nursing facility.
Grants surrogates the authority to make decisions about nursing facility admissions.
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Chapter 201D
The following persons may not serve as a surrogate: (i) No person who is the subject of a protective order or other court order that directs that person to avoid contact with the person shall be eligible to serve as the person’s surrogate.
Excludes certain individuals from being designated as surrogates to protect the incapacitated person's welfare.
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Chapter 201D
Decisions concerning medical treatment on behalf of a person without decisional capacity are lawful, without resort to the courts or legal process, if a person does not have a condition subject to GL 190B Section 5-306A (Substituted Judgment)...
Clarifies the legal authority of surrogates to make medical decisions without court intervention.
Sponsors
- Christopher M. Markey · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 203 not signed on
Sponsors (1)
- Christopher M. Markey Democrat
Co-sponsors (0)
None.
Not signed on (203)
203 members have not signed on to this bill.
Show all 203 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does H1874 do?
- An Act improving medical decision making
- Who sponsors H1874?
- H1874 is sponsored by Christopher M. Markey (Democrat).
- What is the current status of H1874?
- This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track H1874?
- Track H1874 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 4 months ago · updated continuously
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