DESCRIPTION

This presentation will provide an overview of the legal framework for medical surrogate decision making in Massachusetts, including the limits on using family and friends, the difference between a health care proxy and a guardianship, and the breadth of authority for guardians and health care proxy agents.  It will also touch on how the mental health commitment process differs from these other approaches to making decisions for patients with which they might not agree. 

LEARNING OBJECTIVES

Upon completion of this activity, participants will be able to:

1. Understand the role of Family/Friends in surrogate decision making in MA
2. Understand the differences between a Health Care Proxy Agent and a Guardian
3. Understand the limits of a guardian’s authority and the interplay between commitments and guardianships.

TARGET AUDIENCE

This program is intended for Physicians and other clinical staff at Spaulding Rehabilitation Hospital.

ACCREDITATION

Partners HealthCare System is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians.

Partners HealthCare System designates this enduring material for a maximum of 1 AMA PRA Category 1 Credit^TM. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

FACULTY

Joshua Abrams, Esq.
Senior Attorney, Partners HealthCare System - Office of General Counsel
Attorney Development Manager, Partners OGC

Joshua L. Abrams is a patient care, labor, employment, and litigation Senior Attorney in the Office of General Counsel at Partners HealthCare System, Inc., as well as Attorney Development Manager at Partners OGC.  In this position, Mr. Abrams represents Massachusetts General Hospital, Brigham and Women’s Hospital, Newton Wellesley Hospital, North Shore Medical Center, and all other Partners health-care entities in proceedings before the Massachusetts Commission Against Discrimination, Federal District Court, and all Massachusetts courts, as well as in arbitrations. He also leads a group of attorneys at the Office of General Counsel who consult with Partners entities on patient care–related legal matters, and sits on ethics committees at the hospitals.  His Professional Development duties include helping all attorneys in Partners OGC enhance their expertise and professional credentials through learning, teaching, writing and presenting.  He is an adjunct health, public health, employment and bioethics law professor at Northeastern University School of Law. Mr. Abrams previously served as legal counsel to State Senator Andrea F. Nuciforo, Jr. Prior to that, he was a litigation attorney at the law firm of Sullivan & Worcester LLP. He received his B.A. from Oberlin College in 1988 and his J.D. from Northeastern University School of Law in 1997.

FACULTY DISCLOSURE STATEMENTS

In accord with the disclosure policy of Partners HealthCare System as well as guidelines of the Accreditation Council for Continuing Medical Education (ACCME), planners, speakers and anyone who may have an influence on the content of the activity have been asked to disclose any relationship they or their spouse/partner have to companies producing pharmaceuticals, medical equipment, devices, etc. that may be germane to the content of their presentation. Such disclosure is not intended to suggest or condone bias, but provides participants with information that might be of potential importance to their evaluation of a given presentation.

RESOLUTION OF CONFLICTS OF INTEREST (COI)
Partners HealthCare System has implemented a process to resolve potential COIs for this CME activity to help ensure content objectivity, independence, fair balance and ensure that the content is aligned with the interest of the public.

The following planners and/or their spouse/partner have reported no relevant financial relationship with a commercial interest:

Jason Frankel, MD
Jeffrey Schneider, MD

The following planners and/or their spouse/partner have reported a relevant financial relationship with a commercial interest:

Mel Glenn, MD
Service Fee, Hypnotherap private practice
Stocks, MariMed

The following speaker and/or their spouse/partner have reported no relevant financial relationship with a commercial interest:

Joshua Ambrams, Esq.