Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1420 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2157 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1420
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act expanding healthcare proxy access to medical records.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 2
16	16	SENATE DOCKET, NO. 2157 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1420
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1420) of Mark C. Montigny for
19	19	legislation to expand health care proxy access to medical records. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1483 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act expanding healthcare proxy access to medical records.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 5 of chapter 201D of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting at the end of the first paragraph the following
32	32	3sentence: - "An agent shall also have the authority to access a principal’s confidential medical
33	33	4records up to six months after the death of the principal unless a personal representative
34	34	5represents the estate of the principal."
35	35	6 ; and by inserting after the third paragraph the following:-
36	36	7 "The agent shall also have the right to receive any and all medical information, including
37	37	8any and all confidential medical information that the principal would be entitled to receive, up to
38	38	9six months after the death of the principal unless a personal representative represents the estate
39	39	10of the principal." 2 of 2
40	40	11 SECTION 2. Section 6 of said chapter 201D, as so appearing, is hereby amended, in line
41	41	121, by inserting after the word “begin” the following words:- "either upon the death of the
42	42	13principal or"
43	43	14 SECTION 3. Section 7 of said chapter 201D, as so appearing, is hereby amended by
44	44	15striking out the third paragraph in its entirety and inserting in place thereof the following
45	45	16paragraph:- "A health care proxy shall also be revoked upon: (i) execution by the principal of a
46	46	17subsequent health care proxy; (ii) the divorce or legal separation of the principal and his spouse,
47	47	18where the spouse is the principal’s agent under a health care proxy; (iii) the expiration of six
48	48	19months after the death of the principal; or (iv) the appointment or assumption of representation
49	49	20of the principal’s estate by a personal representative."
50	50	21 SECTION 4. Section 17 of said chapter 201D, as so appearing, is hereby amended, in
51	51	22line 2, by inserting after the word “principal” the following words:- ", the personal representative
52	52	23of the principal’s estate"