Bill Text: NY S00311 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to conforming the definition of palliative care under hospice provisions to be the same as under other public health law provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-15 - PRINT NUMBER 311A [S00311 Detail]

Download: New_York-2015-S00311-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          311
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN  ACT to amend the public health law, in relation to the definition of
         palliative care
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative intent. The purpose of this act is to conform
    2  the concept of palliative care under article 40 of the public health law
    3  with that in sections 2997-c (palliative care patient  information)  and
    4  2997-d (hospital, nursing home, home care, special needs assisted living
    5  residences  and  enhanced  assisted  living  residences  palliative care
    6  support) of the public health law.
    7    S 2. Section 4002 of the public health law is amended by adding a  new
    8  subdivision 6 to read as follows:
    9    6.  "PALLIATIVE CARE" MEANS HEALTH CARE TREATMENT, INCLUDING INTERDIS-
   10  CIPLINARY  END-OF-LIFE  CARE,  CONSULTATION  WITH  PATIENTS  AND  FAMILY
   11  MEMBERS,  AND  PSYCHOSOCIAL AND SPIRITUAL SUPPORT, TO PREVENT OR RELIEVE
   12  PAIN AND SUFFERING AND TO ENHANCE THE PATIENT'S QUALITY OF LIFE.
   13    S 3. Section 4012-b of the public health law, as added by chapter  195
   14  of the laws of 2002, is amended to read as follows:
   15    S  4012-b.  Hospice palliative care [program for persons with advanced
   16  and  progressive  disease].  [1.]   Notwithstanding   any   inconsistent
   17  provision  of  this  article to the contrary, a hospice may also offer a
   18  program of palliative care for patients with advanced  [and  progressive
   19  disease] LIFE-LIMITING CONDITIONS AND ILLNESSES and their families. Such
   20  a  program may be provided by a hospice issued a certificate of approval
   21  pursuant to section [forty hundred] FOUR THOUSAND four of this  article,
   22  acting alone or under contract with a certified home health agency, long
   23  term  home  health  care  program, licensed home care services agency or
   24  AIDS home care program, as such terms are defined in section  thirty-six
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01907-01-5
       S. 311                              2
    1  hundred  two of this chapter. Nothing in this section shall preclude the
    2  provision of palliative care by any other health care provider otherwise
    3  authorized to provide such services.
    4    [2. For the purposes of this section the following terms shall mean:
    5    (a) "Advanced and progressive disease" means a medical condition which
    6  is  irreversible and which will continue indefinitely, where there is no
    7  reasonable hope of maintaining life.
    8    (b) "Palliative care" means  the  active,  interdisciplinary  care  of
    9  patients  with  advanced,  life-limiting  illness, focusing on relief of
   10  distressing physical and psychosocial  symptoms  and  meeting  spiritual
   11  needs.  Its goal is achievement of the best quality of life for patients
   12  and families.]
   13    S 4. This act shall take effect immediately.