H4329 — An Act improving medical decision making

Summary

An Act improving medical decision making

Bill Text

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The bill establishes a new chapter in the General Laws concerning surrogate decision-making for health care for incapacitated persons and extends the rights of agents after a principal's death.

• Section 5 of Chapter 201D

  The agent’s right under this paragraph may be continued, if express permission is given by the principal, for up to 6 months following the death of the principal.

  Agents can continue to make decisions for up to 6 months after the principal's death if permitted.

• Chapter 201G. Surrogate Decision Making

  Creates a new chapter establishing guidelines for surrogate decision-making for incapacitated persons.

• Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:- 'Attending physician', the physician, selected by or assigned to a person, who has primary responsibility for treatment and care of the person. Where more than one physician shares that responsibility, any such physician may act as the attending physician.

  Defines 'attending physician' for the context of surrogate decision-making.

• ''Capacity to make health care decisions'', the ability to understand the nature and consequences of health care decisions, including benefits, risks and alternatives to proposed medical treatment, and to reach an informed decision.

  Establishes a definition for 'capacity to make health care decisions'.

• “Incapacitated person”, a person who lacks capacity to make health care decisions.

  Defines who qualifies as an 'incapacitated person'.

• Section 2. (a) Except as otherwise provided in this chapter, after consultation with health care providers, and after full consideration of diagnosis, prognosis, benefits, risks and alternatives, a person designated as surrogate decision maker pursuant to subsection (d) may make health care decisions on behalf of an incapacitated person: (i) in accordance with the surrogate decision maker’s assessment of the person’s wishes, including the person’s religious and moral beliefs; or (ii) if the person’s wishes are unknown, in accordance with the surrogate decision maker’s assessment of the person’s best interests.

  Allows designated surrogate decision makers to make health care decisions based on the wishes of the incapacitated person or their best interests.

• Section 3. (a) A health care provider and employees thereof shall have the right to rely on any decision or direction by the surrogate decision maker that is not clearly contrary to this chapter to the same extent and with the same effect as though the decision or direction had been made or given by the incapacitated person.

  Establishes that health care providers can rely on decisions made by surrogate decision makers.

• Section 4. The health care provider or facility caring for the incapacitated person, any conservator, guardian, health care proxy, power or attorney or family member of the incapacitated person, the commissioner of public health, or any other interested person may commence a special proceeding in a court of competent jurisdiction with respect to any dispute arising under this chapter, including, but not limited to, a proceeding to: (i) challenge a surrogate decision maker’s designation; (ii) have the surrogate decision maker removed on the ground that they are not reasonably available, willing or competent to fulfill their obligations under this chapter or is acting in bad faith; or (iii) override the surrogate decision maker’s decision about health care on the grounds that the decision was made in bad faith or the decision is not in accordance with the standards set forth in subsection (a) of section 2.

  Provides legal avenues for disputing the designation and decisions of a surrogate decision maker.

• Section 5. This chapter shall not apply to instances in which the incapacitated person has an operative and unrevoked health care proxy under this chapter or has an operative MOLST or similar medical order form and the person’s condition falls fully within the coverage of the health care proxy or medical order form.

  Clarifies that this chapter does not apply when there is a valid health care proxy or MOLST in place.

Sponsors

• Joint Committee on the Judiciary · Primary

Subjects