summary
Introduced
02/16/2023
02/16/2023
In Committee
02/16/2023
02/16/2023
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
193rd General Court
Bill Summary
Relative to health care decisions during periods of incapacity. The Judiciary.
AI Summary
This bill aims to improve medical decision-making for incapacitated individuals who do not have a valid advance directive or court-appointed guardian. The key provisions include:
1. Defining key terms like "incapacitated person," "attending physician," and "qualified individual" to establish the scope and applicability of the bill.
2. Allowing surrogate decision-makers, in the order of priority (spouse, adult child, parent, adult sibling, etc.), to make medical decisions for incapacitated individuals without having to go through the court process, as long as the decisions conform to the individual's known wishes or their best interests.
3. Outlining the process for identifying and selecting a surrogate decision-maker, including the criteria for determining the most qualified individual.
4. Granting certain protections to healthcare providers who rely on and carry out a surrogate's decisions, as long as they act with due care and in accordance with the provisions of the bill.
5. Providing a mechanism for interested parties to initiate a special proceeding in court to remove a surrogate decision-maker or override their decision if it is made in bad faith or not in accordance with the standards set forth in the bill.
Overall, the bill aims to streamline the medical decision-making process for incapacitated individuals and provide clear guidance and protections for both surrogates and healthcare providers.
Committee Categories
Justice
Sponsors (3)
Last Action
Accompanied a new draft, see H4597 (on 05/06/2024)
Bill Topics
Health
- ‐ Regulation of Doctors and Health Facilities
Law, Crime, and Family Issues
- ‐ Family Issues
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://malegislature.gov/Bills/193/H1489 | 03/14/2023 |
| BillText | https://malegislature.gov/Bills/193/H1489.pdf | 03/14/2023 |
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