Massachusetts House Bill H1874

Massachusetts 2025-2026 Regular Session

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

Caption

Improving medical decision making

Impact

The bill modifies Chapter 201D of the General Laws, particularly focusing on the definitions and processes related to surrogate decision-making. It seeks to alleviate the administrative burden on both healthcare providers and families by streamlining the process of appointing surrogate decision-makers. Importantly, the bill outlines that healthcare providers must make reasonable inquiries to identify an appropriate surrogate, ensuring that the rights and wishes of incapacitated individuals are respected even in their absence. This change is positioned to enhance patient autonomy and protect their interests in scenarios where traditional decision-making avenues are unavailable.

Summary

House Bill 1874 proposes significant updates to the medical decision-making process in Massachusetts, particularly during periods of incapacity. The bill aims to establish a clearer framework for surrogate decision-making when individuals are unable to make their own healthcare choices. It allows for the appointment of a surrogate—such as a next of kin or a close friend—without the need for court intervention, ensuring timely medical decisions can be made when no valid advance directive is present. This reflects an understanding that not every individual has a written directive and that immediate medical decisions must often be made.

Contention

Despite its positive intentions, some potential points of contention could arise. Concerns may include the adequacy of the criteria for selecting surrogates, especially regarding who is deemed 'qualified' to make such significant healthcare decisions on behalf of another person. Additionally, there may be debates on the ethical implications of allowing family members or friends to dictate healthcare choices, especially if their decisions are potentially impacted by personal interests. The bill also retains a provision for legal recourse if disagreements about the surrogate's decisions arise, indicating that the landscape of medical decisions under this bill aims to balance autonomy with accountability.