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Bill

HB 2720

Enacting the Kansas surrogate medical decisions act to establish a hierarchy for identifying a surrogate who would make healthcare decisions and provide associated definitions and provider guidelines.

2025-2026 Regular Session

Kansas establishes legal hierarchy for surrogate medical decision-makers when patients cannot decide for themselves, providing provider guidelines and definitions.

Died in Committee
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Bill Summary · HB 2720

Legislative bill overview

HB 2720 establishes a legal framework for surrogate medical decision-making in Kansas by creating a hierarchy for who can make healthcare decisions when a patient is unable to do so themselves. The bill defines surrogates and sets out guidelines for healthcare providers on how to identify and work with these decision-makers.

Why is this important

This legislation addresses a critical gap in end-of-life and incapacity care by clarifying who has legal authority to make medical decisions for patients without advance directives or decision-making capacity. Without such a statute, families may face disputes, providers may face liability uncertainty, and vulnerable patients may lack protection for their wishes.

Potential points of contention

  • Hierarchy conflicts: Disagreement over the priority order (spouse vs. adult children vs. parents) may not align with individual family dynamics or cultural values
  • Definition ambiguity: How "capacity" and "best interest" are defined could create interpretation disputes between families and providers
  • Religious/ethical objections: Surrogates making decisions that conflict with provider conscience clauses or state law restrictions (like abortion or life-sustaining treatment limits)
  • Liability protection scope: Questions about what immunity healthcare providers receive when following surrogate decisions

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

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