senate Bill S5534A

Signed By Governor
2013-2014 Legislative Session

Authorizes hospice residences to care for up to 16 patients

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.512
Nov 01, 2013 delivered to governor
Jun 17, 2013 returned to senate
passed assembly
ordered to third reading rules cal.282
substituted for a7758
Jun 13, 2013 referred to health
delivered to assembly
passed senate
Jun 12, 2013 advanced to third reading
Jun 11, 2013 2nd report cal.
Jun 10, 2013 1st report cal.1171
May 31, 2013 print number 5534a
amend and recommit to health
May 16, 2013 referred to health

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5534 - Bill Details

See Assembly Version of this Bill:
A7758
Law Section:
Public Health Law
Laws Affected:
Amd §§4002 & 4014, Pub Health L

S5534 - Bill Texts

view summary

Authorizes hospice residences to care for up to 16 patients.

view sponsor memo
BILL NUMBER:S5534

TITLE OF BILL: An act to amend the public health law, in relation to
authorizing hospice residences to care for up to 16 patients

PURPOSE: The bill would allow hospice residences to have up to
sixteen beds of which up to four per each sixteen bed residence would
be allowed to be dually-certified as residential and inpatient hospice
beds.

SUMMARY OF PROVISIONS:

Section one of the bill amends § 4002 of the Public Health Law (PHL)
to increase the currently allowable beds in a hospice residence from
eight to sixteen beds and to permit hospice residences to have up to
four beds per each sixteen bed residence dually-certified as
residential and inpatient hospice beds.

Section two amends PHL § 4014 to clarify that hospice residences under
the pilot program may also have up to four dual beds.

Section three provides the effective date.

JUSTIFICATION: Chapter 532 of 1995 authorized the establishment of
hospice residences which provide interdisciplinary end-of-life care to
hospice-eligible individuals. However, this law limited the number of
allowable beds to eight. In 2003, a hospice residence pilot project
was established (Chapter 394 of 2003) in an effort to create
flexibility within the hospice residence program and to determine if
residences could benefit from economies of scale based on an increase
in capacity of not more than sixteen beds.

In response to the desire of some hospices to provide a higher level
of care in their residences in order to avoid transfer of patients to
inpatient units, legislation allowing beds dually-certified as
residential and inpatient was enacted into law (Chapter 154 of 2004).
However, hospice residences that were established under the pilot
project were precluded from this dual bed certification.

Since the establishment of the initial hospice residence program over
eighteen years ago, it has been shown that this program has been
successful. In addition, the pilot program has shown the benefit of
increasing the number of beds to the fiscal viability of the hospice
residences. However, precluding hospice residences in the pilot
program from dual bed certification creates an unnecessary barrier to
hospice. Terminally ill patients who are in hospitals due to the need
for extensive symptom management and are unlikely to return home,
could be transferred to hospice residences sooner to receive the
expert symptom management from hospice dedicated staff that has the
expertise to do so.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: Immediately; provided that the provisions shall apply
to hospice residences established prior to the effective date, as well
as those created thereafter.

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

                                  5534

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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  authorizing
  hospice residences to care for up to 16 patients

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2-b of section 4002 of the public  health  law,
as  amended  by  chapter  154 of the laws of 2004, is amended to read as
follows:
  2-b. "Hospice residence" means a hospice operated home which is  resi-
dential in character and physical structure and operated for the purpose
of  providing  more  than two hospice patients but not more than [eight]
SIXTEEN hospice patients with hospice care, which may include UP TO FOUR
dually certified hospice in-patient beds PER EACH SIXTEEN BED RESIDENCE.
  S 2.   Subdivision 1 of section 4014 of  the  public  health  law,  as
amended  by  chapter  410  of  the  laws  of 2007, is amended to read as
follows:
  1. The commissioner is hereby authorized to establish a hospice  resi-
dence  pilot program. Such program, subject to the rules and regulations
of the commissioner, shall authorize the operation of not more than  ten
hospice residences operated for the purpose of providing[, notwithstand-
ing  the provisions of subdivision two-b of section four thousand two of
this article,] more than two hospice patients but not more than  sixteen
hospice  patients  with  hospice care AS DEFINED BY SUBDIVISION TWO-B OF
SECTION FOUR THOUSAND TWO OF THIS ARTICLE.  The locations of the hospice
residence pilot program shall be geographically disbursed throughout the
state and approved by the commissioner. To the extent that patients  may
access  hospital  or  skilled  nursing home care, the care plan for such
patients shall provide for such care.
  S 3.   This act shall take  effect  immediately;  provided,  that  the
amendments  to  sections  4002 and 4014 of the public health law made by
sections one and two of this  act  shall  apply  to  hospice  residences
established  prior  to  the  effective date of this act as well as those
created thereafter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11129-01-3

Co-Sponsors

S5534A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7758
Law Section:
Public Health Law
Laws Affected:
Amd §§4002 & 4014, Pub Health L

S5534A (ACTIVE) - Bill Texts

view summary

Authorizes hospice residences to care for up to 16 patients.

view sponsor memo
BILL NUMBER:S5534A

TITLE OF BILL: An act to amend the public health law, in relation to
authorizing hospice residences to care for up to 16 patients

PURPOSE: The bill would allow hospice residences to have up to
sixteen beds of which up to four per each sixteen bed residence would
be allowed to be dually-certified as residential and inpatient hospice
beds.

SUMMARY OF PROVISIONS:

Section one of the bill amends § 4002 of the Public Health Law (PHL)
to increase the currently allowable beds in a hospice residence from
eight to sixteen beds and to permit hospice residences to have up to
25% dually-certified as residential and inpatient hospice beds.

Section two amends PHL § 4014 to clarify that hospice residences under
the pilot program may also have up to 25% dual beds.

Section three provides the effective date.

JUSTIFICATION: Chapter 532 of 1995 authorized the establishment of
hospice residences which provide interdisciplinary end-of-life care to
hospice-eligible individuals. However, this law limited the number of
allowable beds to eight. In 2003, a hospice residence pilot project
was established (Chapter 394 of 2003) in an effort to create
flexibility within the hospice residence program and to determine if
residences could benefit from economies of scale based on an increase
in capacity of not more than sixteen beds.

In response to the desire of some hospices to provide a higher level
of care in their residences in order to avoid transfer of patients to
inpatient units, legislation allowing beds dually-certified as
residential and inpatient was enacted into law (Chapter 154 of 2004).
However, hospice residences that were established under the pilot
project were precluded from this dual bed certification.

Since the establishment of the initial hospice residence program over
eighteen years ago, it has been shown that this program has been
successful. In addition, the pilot program has shown the benefit of
increasing the number of beds to the fiscal viability of the hospice
residences. However, precluding hospice residences in the pilot
program from dual bed certification creates an unnecessary barrier to
hospice. Terminally ill patients who are in hospitals due to the need
for extensive symptom management and are unlikely to return home,
could be transferred to hospice residences sooner to receive the
expert symptom management from hospice dedicated staff that has the
expertise to do so.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately; provided that the provisions shall apply
to hospice residences established prior to the effective date, as well
as those created thereafter.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5534--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  public  health  law, in relation to authorizing
  hospice residences to care for up to 16 patients

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2-b of section 4002 of the public health law,
as amended by chapter 154 of the laws of 2004, is  amended  to  read  as
follows:
  2-b.  "Hospice residence" means a hospice operated home which is resi-
dential in character and physical structure and operated for the purpose
of providing more than two hospice patients but not  more  than  [eight]
SIXTEEN  hospice  patients  with  hospice care, which may include dually
certified hospice in-patient beds  UP  TO  TWENTY-FIVE  PERCENT  OF  THE
HOSPICE RESIDENCE'S PATIENT CAPACITY.
  S  2.    Subdivision  1  of  section 4014 of the public health law, as
amended by chapter 410 of the laws  of  2007,  is  amended  to  read  as
follows:
  1.  The commissioner is hereby authorized to establish a hospice resi-
dence pilot program. Such program, subject to the rules and  regulations
of  the commissioner, shall authorize the operation of not more than ten
hospice residences operated for the purpose of providing[, notwithstand-
ing the provisions of subdivision two-b of section four thousand two  of
this  article,] more than two hospice patients but not more than sixteen
hospice patients with hospice care.  The locations of the hospice  resi-
dence  pilot  program  shall  be geographically disbursed throughout the
state and approved by the commissioner. To the extent that patients  may
access  hospital  or  skilled  nursing home care, the care plan for such
patients shall provide for such care.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11129-02-3

S. 5534--A                          2

  S 3.   This act shall take  effect  immediately;  provided,  that  the
amendments  to  sections  4002 and 4014 of the public health law made by
sections one and two of this  act  shall  apply  to  hospice  residences
established  prior  to  the  effective date of this act as well as those
created thereafter.

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