Massachusetts Senate Bill S1047

Massachusetts 2025-2026 Regular Session

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

Caption

Improving medical decision making

Impact

The proposed legislation indicates a significant shift in how medical decisions can be handled when a patient lacks decisional capacity. By prioritizing the identification of surrogates—such as next of kin or friends—this bill envisions a more streamlined process that respects patients' wishes as best as possible, based on known values and prior directives. Importantly, the bill seeks to clarify the roles and responsibilities of attending physicians as they work with surrogate decision-makers, especially regarding how decisions are made on behalf of incapacitated individuals.

Summary

Senate Bill 1047, titled 'An Act Improving Medical Decision Making', aims to enhance the process of making healthcare decisions for adults who are incapacitated and unable to express their wishes regarding medical treatments. The bill emphasizes the fundamental right of adults to make decisions about their health care, particularly during periods when they cannot advocate for themselves. It seeks to establish a clear and effective method to appoint surrogate decision-makers, ensuring these decisions can be made efficiently without necessitating court involvement.

Contention

Despite its supportive framework, Senate Bill 1047 may provoke discussions about balancing the autonomy of individuals with the procedural safeguards necessary to ensure that their rights are respected. Key points of contention may arise considering the criteria set forth for appointing surrogate decision-makers, particularly the ability to assess their qualifications and the potential conflicts of interest that could emerge. The definition of 'best interest' in making healthcare decisions could also lead to varying interpretations, potentially stirring debate among healthcare providers, legal experts, and patient advocacy groups.