HD 3290 Massachusetts House · 194th Legislature (2025-2026)

An Act improving medical decision making

HD 3290, "An Act improving medical decision making," updates Massachusetts law to streamline medical decisions for adults who become incapacitated without an advance directive (like a health care proxy or MOLST form). It establishes a clear priority order for surrogate decision-makers (spouse, adult children, then close friends) and requires surrogates to base decisions on the person’s known wishes or, if unknown, their best interests - considering values, beliefs, and treatment burdens/benefits. Health care providers must make a reasonable inquiry (e.g., checking records or contacting family) to identify a surrogate without court involvement, and are protected from liability for such inquiries. The bill does not apply when valid advance directives exist or for decisions involving mental health facility admissions.
Bill status Introduction 0 of 4 stages cleared
Introduction
Committee Review
Floor Vote
Governor