senate Bill S7504

Relates to conforming the definition of palliative care throughout the public health law

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO HEALTH

Summary

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

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Bill Details

See Assembly Version of this Bill:
A7505
Versions:
S7504
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§4002 & 4012-b, Pub Health L

Sponsor Memo

BILL NUMBER:S7504

TITLE OF BILL: An act to amend the public health law, in relation to
the definition of palliative care

PURPOSE OR GENERAL IDEA OF BILL: Add a definition for and update
other references to palliative care in the hospice law.

SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new subdivision 6 to
Section 4002 of the Public Health Law to define "palliative care" as
"health care treatment, including interdisciplinary end-of-life care,
and 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." This definition tracks the
definition used in other relevant provisions of the Public Health Law.

Currently, Section 4002 does not define palliative care for the
article as a whole, but instead references "palliative and supportive
care to meet the special needs arising out of physical, psychological,
spiritual, social and economic stresses which are experienced during
the final stages of illness, and during dying and bereavement."

Section 3 of the bill deletes the definition of palliative care in
Section 4012-b which is selectively applicable to services for
patients with life-limiting as opposed to life-ending illness, and
makes other technical revisions so that the new definition in
Subdivision 6 of Section 4002 will apply to Article Forty as a whole.

JUSTIFICATION: The Palliative Care Access Act of 2010 (PHL § 2997-e)
and the Palliative Care Information Act of 2011 (PHL § 2997-d) both
define palliative care as "health care treatment, including
interdisciplinary end-of-life care, and consultation with patients and
family members, to prevent or relieve pain and suffering and to
enhance the patient's quality of life, including hospice care under
article forty of this chapter."

In 2002, Section 4012-b was enacted to enable hospices to provide
palliative care to patients not at end-of-life. However, the
inconsistent definitions between hospice statute and palliative care
statutes have led to confusion and could potentially limit access.
This bill updates the hospice statute to provide a definition of
palliative care tracking that in used in those other sections.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7504

                            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
  palliative care

  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.
                                                           LBD11170-01-3

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
and families.]
  S 4. This act shall take effect immediately.

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