MA H1874

Summary of H.1874: An Act Improving Medical Decision Making

• Establishes a statutory framework for surrogate decision-makers to make health care decisions for incapacitated adults who lack a valid health care proxy or MOLST form, without requiring court involvement.

• Creates a priority hierarchy for surrogate selection: spouse (unless legally separated), adult child, parent, adult sibling, or other qualified adult who has shown special care and concern for the person.

• Requires surrogates to make decisions conforming to what the incapacitated person would have wanted based on their known values, beliefs, and wishes; if unknown, decisions must be based on the person's best interests.

• Limits surrogate authority to 90 days or the episode of treatment/illness (whichever is shorter), and prohibits surrogates from admitting patients to inpatient mental health facilities.

• Provides liability protections for health care providers who rely on surrogate decisions made in accordance with the law, and establishes a judicial process to remove surrogates acting in bad faith or override improper decisions.