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