Bill > H1692

This bill establishes a comprehensive legal framework for surrogate medical decision-making when a person is incapacitated and cannot make their own healthcare choices. The bill creates a systematic approach for identifying and designating a surrogate decision-maker, prioritizing family members but allowing flexibility when appropriate. An attending physician can designate a surrogate who is over 18, demonstrates special care and concern for the incapacitated person, and is familiar with their personal values. The surrogate can make healthcare decisions either based on the person's known wishes (including religious and moral beliefs) or in their best interests if those wishes are unknown. The bill outlines strict guidelines for who can and cannot serve as a surrogate, including prohibitions against individuals with protective orders or those with potential conflicts of interest. The surrogate's authority is time-limited, typically to 90 days or the current medical episode, and they have the right to access all medical information necessary to make informed decisions. The bill also provides legal protections for healthcare providers and surrogate decision-makers who act in good faith, ensuring they cannot be held liable for decisions made according to the law's provisions. Additionally, the bill allows for legal challenges to surrogate designations or decisions if they are believed to be made in bad faith or contrary to the person's best interests.

Justice

https://malegislature.gov/Bills/194/H1692