By Mr. Timilty of Milton, petition (accompanied by bill, House, No. 1741) of Walter F. Timilty and Thomas M. Stanley relative to the powers and duties of health care proxies.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

Walter F. Timilty

Thomas M. Stanley

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In the Year Two Thousand and Seven.

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An Act relative to health care agents.

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

Section 4 of Chapter 201D of the General Laws is amended as follows:

(v) indicated that all individually identifiable health information and medical records, including that information governed by the Health Insurance Portability and Accountability Act (“HIPAA”) may be released to the agent at any time, even prior to a determination that the principal lacks capacity to make health care decisions.

Section 6 of Chapter 201D of the General Laws is amended by adding the following:

        At any time, even prior to a determination that the principal lacks capacity to make health care decisions, the agent shall be treated as the principal with respect to the principal’s rights regarding the use and disclosure of the principals’ individually identifiable health information or other medical records, including any information governed by the Health Insurance Portability and Accountability Act (“HIPAA”), and such authority shall expire only in the event that the health care proxy is revoked.