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Bill

H 2459

An Act relative to informed consent for concurrent surgical procedures

194th Legislature (2025-2026) Introduced by Kim Ferguson and 6 co-sponsors

Requires surgeons to obtain separate informed consent for each procedure in multi-procedure surgeries, ensuring patients understand individual risks rather than combined-procedure risks.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 2459

Legislative bill overview

H 2459 requires patients to provide explicit informed consent before undergoing multiple surgical procedures performed during a single surgical session. The bill establishes that surgeons must separately disclose the risks, benefits, and alternatives for each concurrent procedure rather than treating them as a single combined intervention.

Why is this important

Concurrent surgeries can increase anesthesia time, infection risk, and recovery complications compared to staged procedures, yet patients may not fully understand these compounded risks if procedures are presented as one bundled operation. This bill aims to ensure patients make truly informed choices about whether to proceed with multiple procedures simultaneously or prefer separate surgical dates.

Potential points of contention

  • Medical judgment vs. patient autonomy: Surgeons may argue that concurrent procedures are medically efficient and safer in certain cases, potentially conflicting with mandatory separate consent requirements that could incentivize unnecessary staged surgeries
  • Practical implementation burden: Detailed individual consent protocols for each procedure could lengthen pre-operative processes and create administrative complexity, though proponents argue this is necessary for informed decision-making
  • Insurance and cost implications: Patients choosing staged surgeries over concurrent procedures due to better-informed consent might face higher out-of-pocket costs or insurance denials, raising equity concerns about who can afford this choice

Compiled from official sources — confirm details with the bill’s official record.

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