S 928 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act improving medical decision making

This bill establishes a legal process in Massachusetts to allow qualified individuals, such as family members or friends, to make timely medical decisions for adults who are incapacitated and lack a valid advance directive or court-appointed guardian. The law defines specific criteria for who can serve as a surrogate decision-maker and outlines a priority order for selecting these individuals when no written instructions from the patient exist. Under the new provisions, surrogates must attempt to honor the patient's known values and wishes regarding treatment, but if those wishes remain unknown, they are authorized to make decisions based on the patient's best interests without needing to go to court. The legislation also clarifies that existing health care proxies and MOLST forms take precedence over this new surrogate process and limits the authority of surrogates regarding mental health facility commitments.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Apr 2024
Governor
Introduced Feb 16, 2023 Last action May 6, 2024
Floor votes

How they voted

This bill passed the House. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
1
Apr 16, 2024
Lower · Passed
House concurred
lower
Feb 16, 2023
Lower · Passed
House concurred
lower
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Cynthia Creem
Cynthia Creem
DDemocratic
MA
Norfolk and Middlesex