Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1736

Introduced
2/27/25  

Caption

Relative to determining capacity and invoking the health care proxy

Impact

By expanding the definition of 'attending health care provider', this bill seeks to enhance patient access to healthcare decision-making support. This adjustment is significant in ensuring that patients have adequate representation from various qualified healthcare professionals during critical medical situations. It acknowledges the evolving landscape of healthcare delivery where nurse practitioners and mental health specialists play crucial roles.

Summary

House Bill H1736 aims to amend Chapter 201D of the General Laws in Massachusetts to clarify the definitions and roles of healthcare providers related to health care proxies. This legislative initiative seeks to recognize not only physicians but also nurse practitioners and psychiatric mental health clinical specialists as valid 'attending health care providers.' The intent of this bill is to broaden the scope of who can support patients in making healthcare decisions, especially when a patient is unable to do so themselves.

Contention

While the bill aims to improve patient outcomes and rights, it may also raise discussions related to the scope of practice for nurse practitioners and mental health specialists in Massachusetts. Some stakeholders may question whether this change could lead to potential overlaps in responsibilities or confusion in roles among various healthcare providers. Ensuring that the changes are effectively communicated to both patients and healthcare professionals will be essential to avoid any misinterpretations of authority or responsibility.

Companion Bills

MA H5281

Replaced by Study Order

Previously Filed As

MA H1591

Relative to healthcare proxies

MA S1093

Relative to health care proxy reform

MA H1816

Relative to health care proxy storage and activation

MA H2045

Relative to health care proxies

MA S1585

Expanding healthcare proxy access to medical records

MA S1073

Relative to capacity determination

MA H1369

To strengthen supportive housing and reduce healthcare costs for low-income seniors

MA H1181

To redirect excessive health insurer reserves to support health care safety net programs

MA H1659

Relative to determining the best interest of children in probate and family court

MA S1265

Relative to determining the best interest of children in probate and family court

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