Massachusetts House Bill H1692

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

Caption

Improving medical decision making

Impact

The implementation of H1692 is aimed at providing legal backing for surrogate decision makers to act on behalf of incapacitated individuals, ensuring that such decisions are respected and followed by healthcare providers. This will likely streamline the process for medical professionals when dealing with patients who cannot communicate their healthcare preferences. The bill also seeks to protect the rights of both patients and surrogate decision makers by establishing clear guidelines on how to determine an individual’s capacity and the criteria for selecting a surrogate.

Summary

House Bill 1692, presented by Representative Carole A. Fiola, seeks to enhance the clarity and process surrounding medical decision making for individuals deemed incapacitated. The bill proposes the establishment of a new chapter (Chapter 201G) within the General Laws of Massachusetts that details the roles and responsibilities of surrogate decision makers in the healthcare context. This legislation emphasizes the importance of adhering to the wishes or best interests of the incapacitated individual, particularly when they are unable to make informed decisions regarding their own medical care. The clear definitions established by the bill include terms such as 'attending physician' and 'incapacitated person,' which help to clarify the medical context for decision-making processes.

Contention

Notable points of contention around this bill may stem from the balance it seeks to strike between empowering surrogate decision makers and ensuring that the rights and wishes of incapacitated individuals are respected. Concerns may arise over potential abuses of authority by surrogate decision makers and the adequacy of safeguards to prevent such occurrences. Additionally, issues could be raised regarding the criteria for determining who qualifies as a surrogate decision maker and the legal implications of such decisions on health care providers, especially in challenging ethical situations where an incapacitated person's wishes are unclear.