Massachusetts Senate Bill S928

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Improving medical decision making

Impact

The proposed changes are significant as they amend Chapter 201D of the General Laws. This chapter defines key terms like 'incapacitated person' and outlines the hierarchy of who is eligible to serve as a surrogate decision-maker. By clarifying these definitions and the procedures involved, the bill is designed to streamline the medical decision-making process in acute situations and promote patient autonomy by adhering closely to the presumed wishes of incapacitated individuals. This could lead to a shift in how health care providers approach patient care under these circumstances, potentially reducing the legal complexities involved in medical decisions.

Summary

Senate Bill S928, titled 'An Act Improving Medical Decision-Making,' seeks to enhance the process of making health care decisions for adults who lack decisional capacity. The bill emphasizes the importance of enabling next of kin or other qualified individuals to make timely medical decisions without needing to resort to court intervention. It sets forth definitions crucial to understanding who can act as a surrogate decision-maker, detailing their responsibilities and the process of establishing their authority in medical contexts, particularly when no advance directive is present.

Contention

While the bill strives to simplify medical decision-making for incapacitated individuals, it may raise certain concerns around the potential for conflicts of interest, particularly regarding the selection of surrogate decision-makers. Critics may argue that relying on family members or friends could lead to bias or decisions that do not align with the patient's best interests or previously expressed wishes. Additionally, there could be debates around the adequacy of safeguards put in place to prevent abuse and ensure that decisions are made ethically and in good faith.