As you may know, most of the rights granted in the Medical Decision Making Act, which Governor Ehrlich vetoed last year, could not be accomplished through an advance directive or power of attorney. Equality Maryland has worked with legislators in Annapolis during this legislative session to undo as much disappointment over the Governor's veto as possible. Most importantly, we have secured key modifications to advance directive forms that will afford greater peace of mind to thousands of Marylanders. House Bill 592, sponsored by Del. James Hubbard (D-Prince George's County), and Senate Bill 369, sponsored by Sen. Paula Hollinger (D-Baltimore County), are bills that work to strengthen existing advance directive forms in Maryland. Equality Maryland has worked to have the bills amended to also deal with some of the items in the Medical Decision Making Act that cannot be obtained under current advance directive forms.
Once both bills have been reconciled by a conference committee, the legislation should allow an individual's healthcare agent to:
- visit them in the hospital or other medical care facility;
- ride with them in an ambulance if they need to be rushed to the hospital; and
- make decisions about the disposition of remains and funeral arrangements.
A big worry of many gay couples is not having forms on them at the time of an emergency. The much-touted proposal by Gov. Ehrlich may help in this regard. His legislation allows an individual to register an advance directive with the State and place a notation on a driver's license or identification card that a person has made a registered advance directive. In an emergency, a hospital can check for their advance directive on file.
While these gains fall short of the relationship recognition provided by the Medical Decision Making Act, they represent a significant improvement in healthcare policy for all citizens of this state. It's just common sense that our healthcare agents should be with us in the hospital, in an ambulance, or able to make important post-mortem decisions.