S T A T E O F N E W Y O R K
________________________________________________________________________
7577
2023-2024 Regular Sessions
I N A S S E M B L Y
May 25, 2023
___________
Introduced by M. of A. BLUMENCRANZ, GRAY -- read once and referred to
the Committee on Health
AN ACT directing the commissioner of the department of health to estab-
lish a hospice and palliative care workgroup to study and issue recom-
mendations related to the state of affairs of hospice and palliative
care services offered in New York state, utilization metrics of
hospice and palliative care services, and effectiveness and accessi-
bility of home hospice and palliative care services; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Hospice and palliative care workgroup. The commissioner of
health shall establish a hospice and palliative care workgroup (referred
to in this section as the "workgroup") within the department of health.
§ 2. Definitions. For purposes of this act, the following terms shall
have the following meanings:
1. "Hospice" shall mean a coordinated program of home and in-patient
care which treats the terminally ill patient and family as a unit,
employing an interdisciplinary team acting under the direction of an
autonomous hospice administration. The program provides palliative and
supportive care to meet the special needs arising out of physical,
psychological, spiritual, social, and economic stresses which are expe-
rienced during the final stages of illness, and during dying and
bereavement.
2. "Palliative care" shall mean a 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 40
of the public health law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11498-01-3
A. 7577 2
3. "Geriatrics" is defined as a branch of medicine that focuses on
health promotion, prevention, diagnosis, and treatment of disease and
disability in older adults.
4. "Home care" is defined as a health service provided in the
patient's home to promote, maintain, or restore health or lessen the
effects of illness and disability. Services may include nursing care,
speech, physical and occupational therapies, home health aide services,
and personal care services.
§ 3. Workgroup membership. 1. Workgroup members shall include:
(a) the commissioner of health, or their designee;
(b) the commissioner of mental health, or their designee;
(c) the commissioner of education, or their designee;
(d) the commissioner of the office for people with developmental disa-
bilities, or their designee;
(e) the director of the office for the aging, or their designee;
(f) the chancellors of the State University of New York and the City
University of New York, or their designees;
(g) representatives of medical schools and hospital organizations;
(h) representatives of medical academies;
(i) patient advocates;
(j) individual representatives of an organization broadly represen-
tative of physicians specializing in hospice and palliative care;
(k) stakeholders, including physicians and medical professionals
specializing in anesthesia, advanced care, cardiology, family medicine,
geriatric medicine, geriatrics, gerontology, hematology, home care,
hospice and palliative medicine, internal medicine, neurology, nursing,
obstetrics-gynecology, oncology, pain management, pediatrics, psychia-
try, pulmonary and critical care, social work, and surgery;
(l) representatives from health care provider organizations; and
(m) representatives from the philanthropic community.
2. Workgroup members shall have expertise in hospice and palliative
care or pain management.
3. Eleven additional workgroup members, with expertise in hospice and
palliative care or pain management, shall be appointed as follows:
(a) three members shall be appointed by the governor;
(b) two members shall be appointed by the temporary president of the
senate;
(c) two members shall be appointed by the speaker of the assembly;
(d) two members shall be appointed by the minority leader of the
senate; and
(e) two members shall be appointed by the minority leader of the
assembly.
4. Additional members may be added to the workgroup as determined by
the commissioner of health.
5. Workgroup members shall be appointed within 60 days after the
effective date of this act.
6. Workgroup members shall serve a term of one year with renewable
terms.
7. Workgroup members shall not receive compensation for their services
as members of the workgroup.
§ 4. Duties of workgroup. The workgroup shall examine and identify:
1. the current state of palliative care, hospice care, geriatrics, and
pain management services offered in New York state;
2. the establishment, maintenance, operation, and evaluation of
outcomes of hospice care initiatives in New York state;
A. 7577 3
3. the capacity of current hospice, palliative care, and geriatric
providers in New York state;
4. the geographic areas where significant gaps in hospice and pallia-
tive care services exist;
5. the barriers and factors contributing to underutilization of
hospice and palliative care in New York state, including, but not limit-
ed to, system, educational, clinician, patient, and workforce barriers;
6. any financial incentives available to promote the establishment of
high-quality interdisciplinary hospice and palliative care programs and
services in New York state;
7. any and all current instruction in palliative care and pain manage-
ment through state health licensure and continuing education guidelines;
8. the effectiveness and promotion of the statewide advance care plan-
ning campaign, including any potential areas of improvement;
9. any opportunities to collaborate with key stakeholders who are
positioned to craft a strategy and plan for improving and expanding the
provision of high-quality palliative medicine and hospice and palliative
care services in New York state;
10. the feasibility for financial support of a long-term expansion of
hospice and palliative care services in New York state;
11. a plan for ongoing data gathering for purposes of monitoring and
quality improvement of hospice and palliative care in New York state;
12. engagement strategies for better educating the public about
hospice and palliative care to empower people to make informed decisions
about their care when faced with a serious or terminal illness;
13. mental health impacts associated with end-of-life planning, coun-
seling, and care, and palliative care, palliative psychiatry, or hospice
care;
14. ethical considerations concerning end-of-life planning, coun-
seling, and care, and palliative care, palliative psychiatry, or hospice
care;
15. utilization and distribution of grants for undergraduate and grad-
uate medical education in palliative care pursuant to section 2807-n of
the public health law, and the potential creation of teaching centers in
New York state; and
16. any other strategies that would improve hospice and palliative
care services in New York state with a collective goal of creating goal-
concordant care, promoting efficient use of resources, and ultimately
improving the quality of life of individuals as they age and at end-of-
life.
§ 5. Reporting requirements. 1. No later than December 31, 2023, the
workgroup, in collaboration with academic partners, including the State
University of New York and the City University of New York, shall submit
an initial report containing all findings and recommendations to the
governor, the temporary president of the senate, the speaker of the
assembly, the commissioner of the department of health, the commissioner
of mental health, the minority leader of the senate, the minority leader
of the assembly, and the chairs of the senate and assembly committees on
health.
2. Subsequent to the submission of its report containing all findings
and recommendations, the workgroup may convene annually or as necessary
to discuss and update its findings and recommendations.
§ 6. This act shall take effect immediately and shall expire five
years after such effective date when upon such date the provisions of
this act shall be deemed repealed.