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July 24, 2024 Clouds | 70°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 15: Private facilities; refusal to honor proxy

Section 15. Notwithstanding any provisions herein to the contrary, nothing in this chapter shall be construed to require a private facility to honor an agent's health care decision that the facility would not honor if the decision had been made by the principal because the decision is contrary to a formally adopted policy of the facility that is expressly based on religious beliefs and the facility would be permitted by law to refuse to honor the decision if made by the principal, provided:

(a) the facility has informed the patient or the health care agent of such policy prior to or upon admission, if reasonably possible; and

(b) the patient is transferred to another equivalent facility that is reasonably accessible to the patient's family and willing to honor the agent's decision. If the facility or the agent is unable to arrange such a transfer, the facility shall seek judicial guidance or honor the agent's decision.