Assembly Bill A10316

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10316
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public health law, in relation to strengthening
   access to palliative care and hospice services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  2997-d  of  the  public  health law, as added by
 section 48 of part H of chapter 59 of the laws of 2011,  is  amended  to
 read as follows:
   §  2997-d.  Hospital,  nursing home, home care, special needs assisted
 living residences and enhanced  assisted  living  residences  palliative
 care  support.  1.  (a)  "Palliative  care" means 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.
   (b) "Appropriate" has the same meaning as paragraph (a) of subdivision
 one of section twenty-nine hundred ninety-seven-c of this title.
   (C)  "COMMUNITY-BASED  PALLIATIVE CARE" MEANS PALLIATIVE CARE SERVICES
 DELIVERED IN A PATIENT'S RESIDENCE OR OTHER COMMUNITY SETTING, INCLUDING
 SYMPTOM MANAGEMENT, PSYCHOSOCIAL SUPPORT, ADVANCE  CARE  PLANNING,  CARE
 COORDINATION, AND REFERRAL TO HOSPICE SERVICES, AS APPROPRIATE.
   (D)  "HOSPICE"  MEANS  A  PROGRAM LICENSED UNDER ARTICLE FORTY OF THIS
 CHAPTER.
   (E) "ADMINISTRATOR" SHALL MEAN A STATEWIDE MEMBERSHIP  BASED  NOT-FOR-
 PROFIT ORGANIZATION WHOSE PRIMARY MISSION IS TO PROMOTE ACCESS TO QUALI-
 TY END OF LIFE CARE FOR ALL NEW YORKERS.
   2.  General hospitals, nursing homes, organizations licensed or certi-
 fied pursuant to article thirty-six of this chapter,  and  organizations
 licensed  as  special  needs  assisted  living  residences  or  enhanced
 assisted living residences pursuant to article forty-six-B of this chap-
 ter shall establish AND IMPLEMENT WRITTEN  policies  and  procedures  to
 [provide]  ENSURE  THAT  patients with advanced life limiting conditions
 [and] OR illnesses who might benefit  from  palliative  care,  including
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14732-03-6
 A. 10316                            2
 
 associated  pain management, [services] ARE IDENTIFIED AND PROVIDED with
 TIMELY access to information [and], counseling [regarding  such  options
 appropriate  to  the  patient],  AND SUCH SERVICES, INCLUDING COMMUNITY-
 BASED  PALLIATIVE CARE. Policies must include provision for patients who
 lack capacity to make medical decisions, so that access to such informa-
 tion and counseling shall be provided to the  persons  who  are  legally
 authorized to make medical decisions on behalf of such patients.
   3.  General hospitals, nursing homes, organizations licensed or certi-
 fied pursuant to article thirty-six of this chapter,  and  organizations
 licensed  as  special  needs  assisted  living  residences  or  enhanced
 assisted living residences pursuant to article forty-six-B of this chap-
 ter shall facilitate access to appropriate palliative care consultations
 and services, including associated  pain  management  consultations  and
 services,  [including  but not limited to] AND ENSURE referrals ARE MADE
 consistent with patient needs and  preferences.  [The  department  shall
 take  into  account  access  and  proximity of palliative care services,
 including the availability of hospice and palliative care  board  certi-
 fied   practitioners  and  other  related  workforce  staff,  geographic
 factors, and facility size that may  impact  development  of  palliative
 care services.] FACILITIES SUBJECT TO THIS SUBDIVISION SHALL ENSURE THAT
 ELIGIBLE  PATIENTS  ARE INFORMED OF THE AVAILABILITY OF HOSPICE SERVICES
 AND OTHER COMMUNITY-BASED PALLIATIVE CARE  SERVICES,  AND  AFFORDED  THE
 OPPORTUNITY TO RECEIVE A TIMELY REFERRAL TO SUCH SERVICES.
   4.  (A)  THE  DEPARTMENT SHALL MONITOR AND REPORT TO EACH HOSPITAL THE
 HOSPICE UTILIZATION FOR PATIENTS THAT DIED  WITHIN  THIRTY,  SIXTY,  AND
 NINETY  DAYS POST DISCHARGE FROM THEIR RESPECTIVE INSTITUTIONS TO DETER-
 MINE ACCESS TO HOSPICE SERVICES PRIOR TO DEATH.
   (B) SUCH DATA MAY BE USED TO INFORM  POLICY  AND  FUTURE  VALUE  BASED
 ARRANGEMENTS TO IMPROVE HOSPICE UTILIZATION.
   5.  (A)  THE DEPARTMENT SHALL ADMINISTER DIRECTLY AND/OR ENTER INTO AN
 AGREEMENT WITH THE ADMINISTRATOR TO ADMINISTER A HOSPICE-PALLIATIVE CARE
 INTEGRATION  DEMONSTRATION  PROGRAM  TO  SUPPORT  IMPROVED  COORDINATION
 BETWEEN HOSPITALS, HEALTH SYSTEMS, AND HOSPICE PROVIDERS.
   (B)  SUBJECT  TO  APPROPRIATION,  SUCH PROGRAM SHALL BE FUNDED AT FIVE
 MILLION DOLLARS ANNUALLY.
   (C) GRANTS MAY BE AWARDED ON  A  COMPETITIVE  BASIS  TO  HOSPITALS  OR
 HEALTH  SYSTEMS,  IN  PARTNERSHIP WITH ONE OR MORE HOSPICE PROVIDERS, TO
 IMPLEMENT PROJECTS DESIGNED TO  IMPROVE  TRANSITIONS  OF  CARE,  ADVANCE
 TIMELY  HOSPICE  REFERRAL,  AND  ENHANCE COORDINATION OF SERIOUS ILLNESS
 CARE.
   (D) DEMONSTRATION PROJECTS MAY INCLUDE, BUT NEED NOT  BE  LIMITED  TO,
 DEVELOPMENT  OF  STANDARDIZED  REFERRAL PATHWAYS, INTEGRATION OF HOSPICE
 EXPERTISE INTO DISCHARGE PLANNING,  STAFF  EDUCATION,  INTERDISCIPLINARY
 TRAINING, AND QUALITY IMPROVEMENT INITIATIVES RELATED TO HOSPICE ACCESS.
   (E) EACH PARTICIPATING ENTITY SHALL IMPLEMENT POLICIES AND PROCEDURES,
 CONSISTENT  WITH  STANDARDS  ESTABLISHED BY THE   DEPARTMENT TO IDENTIFY
 PATIENTS WHO MAY BENEFIT FROM PALLIATIVE CARE SERVICES.
   (F) SUCH POLICIES SHALL INCLUDE, BUT NOT BE LIMITED TO, EVIDENCE BASED
 CLINICAL  TRIGGERS,  INCLUDING  BUT  NOT  LIMITED  TO  ADVANCED  CANCER,
 PROGRESSIVE  ORGAN  FAILURE,  ADVANCED DEMENTIA, AND PROLONGED INTENSIVE
 CARE STAYS.
   (G) HOSPITALS SHALL DOCUMENT  IN  THE  MEDICAL  RECORD  WHETHER  I.  A
 PATIENT  MET ONE OR MORE IDENTIFICATION CRITERIA, II. PALLIATIVE CARE OR
 HOSPICE SERVICES WERE PROVIDED, III. A REFERRAL WAS OFFERED, AND IV. THE
 REFERRAL WAS ACCEPTED OR DECLINED.
 A. 10316                            3

   (H) THE DEPARTMENT SHALL ESTABLISH PERFORMANCE MEASURES APPROPRIATE TO
 THE GOALS OF THE DEMONSTRATION PROGRAM AND MAY INCLUDE PERFORMANCE-BASED
 COMPONENTS BASED ON MEASURABLE IMPROVEMENT OVER BASELINE.
   6. FACILITIES SUBJECT TO THIS SECTION SHALL SUBMIT DATA TO THE DEPART-
 MENT,  IN  A  FORM  AND MANNER PRESCRIBED BY THE COMMISSIONER, REGARDING
 PALLIATIVE CARE AND HOSPICE IDENTIFICATION AND REFERRAL  PRACTICES.  THE
 DEPARTMENT  SHALL  PUBLICLY  REPORT FACILITY-LEVEL OR SYSTEM-LEVEL DATA,
 PROVIDED SUCH REPORTING COMPLIES WITH APPLICABLE PRIVACY LAWS.
   7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS NECESSARY  TO  IMPLE-
 MENT  THIS  SECTION, INCLUDING BUT NOT LIMITED TO MINIMUM IDENTIFICATION
 STANDARDS, DOCUMENTATION  REQUIREMENTS,  REPORTING  SPECIFICATIONS,  AND
 ENFORCEMENT PROCEDURES.
   §  2.  This  act  shall  take effect on the one hundredth day after it
 shall have become a law.