Bill > H107

This bill aims to improve medical decision-making for incapacitated patients in Massachusetts by establishing a clear hierarchy of surrogate decision-makers when a patient lacks decisional capacity and does not have a valid health care proxy or Medical Order for Life Sustaining Treatment (MOLST) form. The bill defines key terms like "attending physician" as the doctor primarily responsible for a patient's care and "available" as someone who can be contacted and is willing to make decisions. It also introduces the concept of a "close friend" as a potential surrogate, requiring an affidavit to demonstrate familiarity with the patient's beliefs and values. The bill outlines a priority list for surrogates, starting with a court-appointed guardian and moving through family members to a close friend, emphasizing that decisions should align with the patient's known wishes or, if unknown, their best interests. It also clarifies that healthcare providers are protected from liability when relying on these surrogates, provided they act with due care and in accordance with the law, while surrogates are also protected from liability for decisions made in good faith.