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:

  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 THOUSAND 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

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

                                                           LBD01907-01-5

S. 311                              2

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:
  (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.