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SENATE DOCKET, NO. 1130 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 869
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Adam Gomez
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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 relative to preventing discrimination against persons with disabilities in the provision of
health care.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampdenJames K. Hawkins2nd Bristol2/12/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/20/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/20/2025Sal N. DiDomenicoMiddlesex and Suffolk2/20/2025John F. KeenanNorfolk and Plymouth2/27/2025Manny Cruz7th Essex2/27/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025James B. EldridgeMiddlesex and Worcester3/5/2025 1 of 4
SENATE DOCKET, NO. 1130 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 869
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 869) of Adam Gomez, James K.
Hawkins, Jacob R. Oliveira, Joanne M. Comerford and other members of the General Court for
legislation to prevent discrimination against persons with disabilities in the provision of health
care. Health Care Financing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 753 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to preventing discrimination against persons with disabilities in the provision of
health care.
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 1 of chapter 151B of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out, in line 138, the word “handicap” and
3inserting in place thereof the following word:- disability.
4 SECTION 2. Section 4 of said chapter 151B, as so appearing, is hereby amended by
5adding the following subsection:-
6 20. (a) As used in this subsection, the following words shall have the following meaning
7unless the context clearly requires others:
8 “Disability”, shall have the same meaning as defined in section 1 of chapter 151B. 2 of 4
9 “Short-term survival”, an individual’s assessed probability of surviving an acute illness
10from which they are presently suffering and being successfully discharged from a hospital or
11other inpatient medical facility.
12 (b) It shall be an unlawful practice:
13 (i) For any public or private entity or agency of the commonwealth, to approve or
14implement a plan for the distribution of scarce healthcare resources during a crisis, including, but
15not limited to, crisis standards of care implemented during a public health emergency, that deny
16an individual lifesaving treatment or place an individual at reduced priority for lifesaving
17treatment if such a determination is based on: (A) a presumption that an individual has a reduced
18quality of life due to a disability or chronic health condition; (B) a presumption that an
19individual’s life is less worth saving due to a disability or chronic health condition; or (C) any
20measure, metric, or third party analysis which has the effect of setting a value for the life of an
21individual or individuals with a specific disability or medical diagnosis that is less than the value
22given to the life of an individual or individuals without a disability; provided however that this
23subsection shall not prohibit such a plan from considering an individual’s prospects for short-
24term survival in determining whether they are prioritized for care.
25 (ii) For any public or private entity or agency of the commonwealth, to withhold any
26medical treatment to an individual based on: (A) a presumption that an individual has a reduced
27quality of life due to a disability or chronic health condition; (B) a presumption that an
28individual’s life is less worth saving due to a disability or chronic health condition; or (C) any
29measure, metric, or third party analysis which has the effect of setting a value for the life of an 3 of 4
30individual or individuals with a specific disability or medical diagnosis that is less than the value
31given to the life of an individual or individuals without a disability.
32 (iii) For any public or private entity or agency of the commonwealth, when determining
33whether a healthcare treatment should be available within a formulary, or determining the value
34of a healthcare treatment, to employ a measure or metric which assigns a reduced value to the
35life extension provided by a treatment based on a pre-existing disability or chronic health
36condition of the individuals whom the treatment would benefit.
37 (iv) For a hospital or other entity engaged in the provision of healthcare to: (A) condition
38the provision of treatment on an individual having an order to not resuscitate, advance directive
39or any instruction relating to the administration, withholding or withdrawing of life-sustaining
40procedures or artificially administered nutrition and hydration; (B) communicate to any
41individual or person acting on behalf of the individual, before or after admission to the hospital,
42that treatment is conditioned on the individual having an order to not resuscitate, an advance
43directive or any instruction relating to the administration, withholding or withdrawing of life-
44sustaining procedures or artificially administered nutrition and hydration; (C) suggest to any
45individual, or person acting on behalf of the individual, who contacts the hospital regarding
46treatment for the individual that admission or treatment is conditioned on the individual having
47an order to not resuscitate, an advance directive or any instruction relating to the administration,
48withholding or withdrawing of life-sustaining procedures or artificially administered nutrition
49and hydration; or (D) discriminate in any other way against an individual based on whether the
50individual has an order to not resuscitate, an advance directive or any instruction relating to the
51administration, withholding or withdrawing of life-sustaining procedures or artificially
52administered nutrition and hydration. 4 of 4
53 (c) This subsection shall not prohibit a hospital from providing written materials and
54information about advance directives to an individual or prohibit a licensed health care
55professional from engaging in a discussion with an individual about the written materials and
56information, so long as the professional does not disproportionately advise an individual to sign
57an advanced directive based on the race, ethnicity, gender, sexuality, or disability status of said
58individual.
59 (d) Nothing in this subsection shall prevent healthcare practitioners, hospitals or other
60healthcare entities from providing a medically appropriate course of treatment to an individual
61that they believe will extend that individual’s life, improve their symptoms or alleviate pain and
62suffering.
63 (e) The secretary of health and human services shall promulgate regulations to implement
64this subsection.
65 SECTION 3. The secretary of health and human services shall promulgate regulations for
66the implementation of subsection 20 of section 4 of chapter 151B not later than 60 days after the
67effective date of this act.