MA H1692

Creates new Chapter 201G establishing a framework for surrogate decision makers to make health care decisions on behalf of incapacitated persons who lack a valid health care proxy or guardianship

Establishes priority order for surrogate designation: spouse (unless legally separated), adult child, parent, adult sibling, then other qualified individuals who demonstrate special care and concern for the patient

Requires attending physicians to determine incapacity through patient interviews, medical record review, and consultation with providers, then make reasonable inquiry to identify potential surrogates

Limits surrogate authority to the current treatment episode or 90 days (whichever is shorter), and prohibits certain individuals from serving including treating providers, facility employees unrelated to the patient, and anyone subject to protective orders

Provides liability protection for health care providers who rely on surrogate decisions made in accordance with the chapter, while allowing court proceedings to challenge surrogate designations or override decisions made in bad faith