H 4329
An Act improving medical decision making
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Bill overview
This bill, titled ‘An Act improving medical decision making,’ aims to clarify and strengthen the process for surrogate decision-making in Massachusetts. It establishes definitions for key terms like ‘incapacitated person’ and ‘attending physician,’ outlines the criteria for selecting a surrogate, and provides guidance on how to use existing documents like health care proxies and MOLST forms. The bill also addresses the rights and responsibilities of both surrogate decision-makers and healthcare providers.
Key provisions
- Defines key terms such as ‘incapacitated person,’ ‘attending physician,’ and ‘surrogate decision maker.’
- Establishes criteria for selecting a surrogate decision maker, prioritizing family members and those with special care and concern for the incapacitated person.
- Allows the use of existing health care proxies and MOLST forms as evidence of a person’s wishes.
- Outlines the responsibilities of healthcare providers in consulting with surrogate decision-makers.
- Specifies the circumstances under which a surrogate decision maker can be revoked or replaced.
- Provides a process for challenging a surrogate decision maker’s designation.
- Clarifies the rights of surrogate decision-makers to receive medical information.
- Addresses situations where a higher-priority surrogate decision maker becomes available.
Who is affected
- Individuals who may become incapacitated and require a surrogate decision-maker.
- Family members and friends who may be designated as surrogate decision-makers.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Joint Committee on the Judiciary
Cosponsor
Carole A. Fiola
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Bill H.4329 194th (Current)
An Act improving medical decision making
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Bill Information
Bill Information
Sponsor: Joint Committee on the Judiciary Status: Referred to House Committee on Ways and Means
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Bill History Cosponsors Committee Vote Fiscal Note Committee Summary
Bill History
Displaying 4 actions for Bill H.4329
| Date | Branch | Action |
| 7/31/2025 | House | Reported from the committee on The Judiciary |
| 7/31/2025 | House | New draft of H1692 and H2045 |
| 7/30/2025 | House | Reported favorably by committee and referred to the committee on Health Care Financing |
| 12/4/2025 | House | Committee recommended bill ought to pass and referred to the committee on House Ways and Means |
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