S T A T E O F N E W Y O R K
I N S E N A T E
May 15, 2014
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The purpose of this act is to conform
the concept of palliative care under article 40 of the public health law
with that in sections 2997-c (palliative care patient information) and
2997-d (hospital, nursing home, home care, special needs assisted living
residences and enhanced assisted living residences palliative care
support) of the public health law.
S 2. Section 4002 of the public health law is amended by adding a new
subdivision 6 to read as follows:
6. "PALLIATIVE CARE" MEANS HEALTH CARE TREATMENT, INCLUDING INTERDIS-
CIPLINARY END-OF-LIFE CARE, CONSULTATION WITH PATIENTS AND FAMILY
MEMBERS, AND PSYCHOSOCIAL AND SPIRITUAL SUPPORT, TO PREVENT OR RELIEVE
PAIN AND SUFFERING AND TO ENHANCE THE PATIENT'S QUALITY OF LIFE.
S 3. Section 4012-b of the public health law, as added by chapter 195
of the laws of 2002, is amended to read as follows:
S 4012-b. Hospice palliative care [program for persons with advanced
and progressive disease]. [1.] Notwithstanding any inconsistent
provision of this article to the contrary, a hospice may also offer a
program of palliative care for patients with advanced [and progressive
disease] LIFE-LIMITING CONDITIONS AND ILLNESSES and their families. Such
a program may be provided by a hospice issued a certificate of approval
pursuant to section forty hundred four of this article, acting alone or
under contract with a certified home health agency, long term home
health care program, licensed home care services agency or AIDS home
care program, as such terms are defined in section thirty-six hundred
two of this chapter. Nothing in this section shall preclude the
provision of palliative care by any other health care provider otherwise
authorized to provide such services.
[2. For the purposes of this section the following terms shall mean:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7504 2
(a) "Advanced and progressive disease" means a medical condition which
is irreversible and which will continue indefinitely, where there is no
reasonable hope of maintaining life.
(b) "Palliative care" means the active, interdisciplinary care of
patients with advanced, life-limiting illness, focusing on relief of
distressing physical and psychosocial symptoms and meeting spiritual
needs. Its goal is achievement of the best quality of life for patients
S 4. This act shall take effect immediately.