Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S869 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1130 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 869
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to preventing discrimination against persons with disabilities in the provision of
13	13	health care.
14	14	_______________
15	15	PETITION OF:
16	16	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
17	17	SENATE DOCKET, NO. 1130 FILED ON: 1/15/2025
18	18	SENATE . . . . . . . . . . . . . . No. 869
19	19	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 869) of Adam Gomez, James K.
20	20	Hawkins, Jacob R. Oliveira, Joanne M. Comerford and other members of the General Court for
21	21	legislation to prevent discrimination against persons with disabilities in the provision of health
22	22	care. Health Care Financing.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 753 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act relative to preventing discrimination against persons with disabilities in the provision of
31	31	health care.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2022
35	35	2Official Edition, is hereby amended by striking out, in line 138, the word “handicap” and
36	36	3inserting in place thereof the following word:- disability.
37	37	4 SECTION 2. Section 4 of said chapter 151B, as so appearing, is hereby amended by
38	38	5adding the following subsection:-
39	39	6 20. (a) As used in this subsection, the following words shall have the following meaning
40	40	7unless the context clearly requires others:
41	41	8 “Disability”, shall have the same meaning as defined in section 1 of chapter 151B. 2 of 4
42	42	9 “Short-term survival”, an individual’s assessed probability of surviving an acute illness
43	43	10from which they are presently suffering and being successfully discharged from a hospital or
44	44	11other inpatient medical facility.
45	45	12 (b) It shall be an unlawful practice:
46	46	13 (i) For any public or private entity or agency of the commonwealth, to approve or
47	47	14implement a plan for the distribution of scarce healthcare resources during a crisis, including, but
48	48	15not limited to, crisis standards of care implemented during a public health emergency, that deny
49	49	16an individual lifesaving treatment or place an individual at reduced priority for lifesaving
50	50	17treatment if such a determination is based on: (A) a presumption that an individual has a reduced
51	51	18quality of life due to a disability or chronic health condition; (B) a presumption that an
52	52	19individual’s life is less worth saving due to a disability or chronic health condition; or (C) any
53	53	20measure, metric, or third party analysis which has the effect of setting a value for the life of an
54	54	21individual or individuals with a specific disability or medical diagnosis that is less than the value
55	55	22given to the life of an individual or individuals without a disability; provided however that this
56	56	23subsection shall not prohibit such a plan from considering an individual’s prospects for short-
57	57	24term survival in determining whether they are prioritized for care.
58	58	25 (ii) For any public or private entity or agency of the commonwealth, to withhold any
59	59	26medical treatment to an individual based on: (A) a presumption that an individual has a reduced
60	60	27quality of life due to a disability or chronic health condition; (B) a presumption that an
61	61	28individual’s life is less worth saving due to a disability or chronic health condition; or (C) any
62	62	29measure, metric, or third party analysis which has the effect of setting a value for the life of an 3 of 4
63	63	30individual or individuals with a specific disability or medical diagnosis that is less than the value
64	64	31given to the life of an individual or individuals without a disability.
65	65	32 (iii) For any public or private entity or agency of the commonwealth, when determining
66	66	33whether a healthcare treatment should be available within a formulary, or determining the value
67	67	34of a healthcare treatment, to employ a measure or metric which assigns a reduced value to the
68	68	35life extension provided by a treatment based on a pre-existing disability or chronic health
69	69	36condition of the individuals whom the treatment would benefit.
70	70	37 (iv) For a hospital or other entity engaged in the provision of healthcare to: (A) condition
71	71	38the provision of treatment on an individual having an order to not resuscitate, advance directive
72	72	39or any instruction relating to the administration, withholding or withdrawing of life-sustaining
73	73	40procedures or artificially administered nutrition and hydration; (B) communicate to any
74	74	41individual or person acting on behalf of the individual, before or after admission to the hospital,
75	75	42that treatment is conditioned on the individual having an order to not resuscitate, an advance
76	76	43directive or any instruction relating to the administration, withholding or withdrawing of life-
77	77	44sustaining procedures or artificially administered nutrition and hydration; (C) suggest to any
78	78	45individual, or person acting on behalf of the individual, who contacts the hospital regarding
79	79	46treatment for the individual that admission or treatment is conditioned on the individual having
80	80	47an order to not resuscitate, an advance directive or any instruction relating to the administration,
81	81	48withholding or withdrawing of life-sustaining procedures or artificially administered nutrition
82	82	49and hydration; or (D) discriminate in any other way against an individual based on whether the
83	83	50individual has an order to not resuscitate, an advance directive or any instruction relating to the
84	84	51administration, withholding or withdrawing of life-sustaining procedures or artificially
85	85	52administered nutrition and hydration. 4 of 4
86	86	53 (c) This subsection shall not prohibit a hospital from providing written materials and
87	87	54information about advance directives to an individual or prohibit a licensed health care
88	88	55professional from engaging in a discussion with an individual about the written materials and
89	89	56information, so long as the professional does not disproportionately advise an individual to sign
90	90	57an advanced directive based on the race, ethnicity, gender, sexuality, or disability status of said
91	91	58individual.
92	92	59 (d) Nothing in this subsection shall prevent healthcare practitioners, hospitals or other
93	93	60healthcare entities from providing a medically appropriate course of treatment to an individual
94	94	61that they believe will extend that individual’s life, improve their symptoms or alleviate pain and
95	95	62suffering.
96	96	63 (e) The secretary of health and human services shall promulgate regulations to implement
97	97	64this subsection.
98	98	65 SECTION 3. The secretary of health and human services shall promulgate regulations for
99	99	66the implementation of subsection 20 of section 4 of chapter 151B not later than 60 days after the
100	100	67effective date of this act.