Bill HD.2485

HOUSE DOCKET, NO. 2485 FILED ON: 1/16/2025

HOUSE . . . . . . . . . . . . . . . No.

[Pin Slip]

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1180 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to preventing discrimination against persons with disabilities in the provision of health care.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2020

Official Edition, is hereby amended by striking out, in line 138, the word “handicap” and

inserting in place thereof the following word:- disability.

SECTION 2. Section 4 of said chapter 151B, as so appearing, is hereby amended by

adding the following subsection:-

(a) As used in this subsection, the following words shall have the following meaning

unless the context clearly requires otherwise:

“Disability”, shall have the same meaning as defined in section 1 of chapter 151B.

“Short-term survival”, an individual’s assessed probability of surviving an acute illness

from which they are presently suffering and being successfully discharged from a hospital or

other inpatient medical facility.

(b) It shall be an unlawful practice:

(i) For any public or private entity or agency of the commonwealth, to approve or

implement a plan for the distribution of scarce healthcare resources during a crisis, including, but

not limited to, crisis standards of care implemented during a public health emergency, that deny

an individual lifesaving treatment or place an individual at reduced priority for lifesaving

treatment if such a determination is based on: (A) a presumption that an individual has a reduced

quality of life due to a disability or chronic health condition; (B) a presumption that an

individual’s life is less worth saving due to a disability or chronic health condition; or (C) any

measure, metric, or third party analysis which has the effect of setting a value for the life of an

individual or individuals with a specific disability or medical diagnosis that is less than the value

given to the life of an individual or individuals without a disability; provided however that this

subsection shall not prohibit such a plan from considering an individual’s prospects for short-

term survival in determining whether they are prioritized for care.

(ii) For any public or private entity or agency of the commonwealth, to withhold any

medical treatment to an individual based on: (A) a presumption that an individual has a reduced

quality of life due to a disability or chronic health condition; (B) a presumption that an

individual’s life is less worth saving due to a disability or chronic health condition; or (C) any

measure, metric, or third party analysis which has the effect of setting a value for the life of an

individual or individuals with a specific disability or medical diagnosis that is less than the value

given to the life of an individual or individuals without a disability.

(iii) For any public or private entity or agency of the commonwealth, when determining

whether a healthcare treatment should be available within a formulary, or determining the value

of a healthcare treatment, to employ a measure or metric which assigns a reduced value to the

life extension provided by a treatment based on a pre-existing disability or chronic health

condition of the individuals whom the treatment would benefit.

(iv) For a hospital or other entity engaged in the provision of healthcare to: (A) condition

the provision of procedures or treatment on an individual having an order to not resuscitate, POLST (Physician Orders for Life-Sustaining Treatment), advance directive

or any instruction relating to the administration, withholding or withdrawing of life-sustaining

procedures or artificially administered nutrition and hydration; (B) communicate to any

individual or person acting on behalf of the individual, before or after admission to the hospital,

that treatment is conditioned on the individual having an order to not resuscitate, an advance

directive or any instruction relating to the administration, withholding or withdrawing of life-

sustaining procedures or artificially administered nutrition and hydration; (C) suggest to any

individual, or person acting on behalf of the individual, who contacts the hospital regarding

treatment for the individual that admission or treatment is conditioned on the individual having

an order to not resuscitate, an advance directive or any instruction relating to the administration,

withholding or withdrawing of life-sustaining procedures or artificially administered nutrition

and hydration; or (D) discriminate in any other way against an individual based on whether the

individual has an order to not resuscitate, an advance directive or any instruction relating to the

administration, withholding or withdrawing of life-sustaining procedures or artificially

administered nutrition and hydration.

information about advance directives to an individual or prohibit a licensed health care

professional from engaging in a discussion with an individual about the written materials and

information, so long as the professional does not disproportionately advise an individual to sign

an advanced directive based on the race, ethnicity, gender, sexuality, or disability status of said

individual.

(d) Nothing in this subsection shall prevent healthcare practitioners, hospitals or other

healthcare entities from providing a medically appropriate course of treatment to an individual

that they believe will extend that individual’s life, improve their symptoms or alleviate pain and

suffering.

(e) The secretary of health and human services shall promulgate regulations to implement

this subsection.

SECTION 3. The secretary of health and human services shall promulgate regulations for

the implementation of subsection 20 of section 4 of chapter 151B not later than 60 days after the

effective date of this act.

Name:	District/Address:	Date Added:
Mindy Domb	3rd Hampshire	1/15/2025
Vanna Howard	17th Middlesex	1/15/2025