Massachusetts Senate Bill S753

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Refer: 4/8/24

Caption

Relative to preventing discrimination against persons with disabilities in the provision of health care

Impact

Should the bill be enacted, it would amend Chapter 151B of the General Laws of Massachusetts to reinforce the notion that all individuals are entitled to equal treatment in the healthcare system. By explicitly banning discrimination based on disability, it aims to reshape healthcare practices during public health emergencies, particularly in the distribution of scarce healthcare resources. This could have considerable implications for hospitals and healthcare providers, mandating compliance with these new standards and holding them accountable for discrimination.

Summary

Bill S753, titled 'An Act relative to preventing discrimination against persons with disabilities in the provision of health care,' was introduced in Massachusetts with the goal of safeguarding the rights of individuals with disabilities during healthcare crises. The bill specifically prohibits public and private entities from implementing plans that deny life-saving treatments or lower the priority for such treatments based solely on the presumption of reduced quality of life due to a disability or chronic health condition. This legislation seeks to ensure that everyone, regardless of their health status, receives equitable healthcare treatment during critical times.

Contention

One notable point of contention surrounding S753 is the potential for conflicting priorities during healthcare delivery in emergencies. Critics may argue that while the intent to protect disabled individuals is commendable, there could be practical challenges when resources are scarce and decisions about care distribution are urgently needed. Ensuring that care protocols do not inadvertently prioritize one group over another during crises poses a logistical question that has yet to be fully addressed in healthcare settings. Advocates for the bill emphasize the need for clarity in emergency standards that include protections for all patients, particularly those with disabilities.