Bill > H4329

This bill establishes a comprehensive legal framework for surrogate medical decision-making when a person is incapacitated and unable to make their own healthcare decisions. The legislation creates a structured process for designating a surrogate decision maker, prioritizing family members and close contacts who understand the patient's wishes and values. An attending physician can designate a surrogate decision maker (typically over 18 years old) who has demonstrated care and concern for the patient, with a priority order starting with spouse, then adult children, parents, and adult siblings. The bill specifies detailed criteria for selecting the most appropriate surrogate, including their ability to make decisions aligned with the patient's known wishes or best interests, their prior relationship with the patient, and their availability to engage with healthcare providers. The legislation also includes important safeguards, such as prohibiting certain individuals from serving as surrogates (like those with protective orders or treating healthcare providers), ensuring the surrogate's decision-making is time-limited, and providing legal protection for healthcare providers who rely on surrogate decisions made in good faith. Additionally, the bill allows for legal challenges to surrogate designations and decisions, and explicitly states that it does not override existing health care proxies or medical orders. The goal is to ensure compassionate, informed medical decision-making when patients cannot speak for themselves.

Budget and Finance, Health and Social Services

Joint Committee on the Judiciary (Joint)

https://malegislature.gov/Bills/194/H4329