Assembly Bill A10374

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10374
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to amend the public health law, in relation to establishing the
   hospice workforce stabilization and innovation program; and making  an
   appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short Title. This act shall be known and may  be  cited  as
 the "Hospice Workforce Stabilization and Innovation Act".
   §  2.  Legislative  Findings  and  Purpose. The legislature finds that
 hospice and palliative care services are  essential  components  of  New
 York's health care delivery system and play a critical role in improving
 quality of life, supporting families and caregivers, and reducing avoid-
 able hospitalizations. The legislature further finds that New York State
 faces  a  significant shortage of hospice nurses, aides, social workers,
 chaplains, and  other  interdisciplinary  staff,  resulting  in  reduced
 access  to  hospice  services,  delayed  referrals, provider strain, and
 inequities in the availability of high-quality end-of-life care, partic-
 ularly in rural and underserved communities.
   The legislature additionally finds  that  hospice  providers  licensed
 under  article  forty  of  the public health law have been excluded from
 major statewide workforce initiatives, insofar as those initiatives have
 relied on Medicaid funding, and hospice providers  are  primarily  reim-
 bursed  by  Medicare rather than Medicaid. This has contributed to work-
 force instability and undermined the State's ability to improve  hospice
 utilization  and access. The purpose of this act is to establish a coor-
 dinated,  statewide  investment  to  stabilize  the  hospice  workforce,
 strengthen long-term training pipelines, and expand workforce education.
   §  3.  The public health law is amended by adding a new section 4013-a
 to read as follows:
   § 4013-A. HOSPICE WORKFORCE STABILIZATION AND INNOVATION PROGRAM.   1.
 (A)  "HOSPICE  PROVIDER"  MEANS  ANY HOSPICE PROGRAM LICENSED UNDER THIS
 ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14725-02-6
              

 A. 10374                            2
 
   (B) "ELIGIBLE EMPLOYEE" MEANS ANY FULL-TIME OR PART-TIME EMPLOYEE OF A
 HOSPICE PROVIDER.
   (C)  "EDUCATIONAL INSTITUTION" MEANS A SCHOOL DISTRICT, BOARD OF COOP-
 ERATIVE EDUCATIONAL SERVICES, COMMUNITY COLLEGE,  UNIVERSITY,  OR  OTHER
 ACCREDITED EDUCATIONAL ENTITY APPROVED BY THE DEPARTMENT.
   2.  (A)  THE DEPARTMENT SHALL ADMINISTER A HOSPICE WORKFORCE RETENTION
 AND TRAINING GRANT PROGRAM.
   (B) THE PROGRAM SHALL BE FUNDED ANNUALLY AND NO LESS THAN TEN  MILLION
 DOLLARS.
   (C)  GRANTS SHALL BE ALLOCATED ON A PER-FULL-TIME-EQUIVALENT BASIS, OR
 VIA SUCH OTHER EQUITABLE METHODOLOGY  AS  SHALL  BE  DETERMINED  BY  THE
 COMMISSIONER AFTER CONSULTATION WITH ALL AFFECTED PARTIES.
   (D) GRANT FUNDS MAY BE USED FOR STAFF RETENTION INCENTIVES, CONTINUING
 EDUCATION,  PROFESSIONAL  CERTIFICATION INCLUDING BOARD CERTIFICATION IN
 HOSPICE AND PALLIATIVE CARE, WORKFORCE WELLNESS INITIATIVES,  AND  OTHER
 WORKFORCE SUPPORT ACTIVITIES APPROVED BY THE DEPARTMENT.
   (E) IN ALLOCATING GRANT FUNDS, THE DEPARTMENT SHALL PRIORITIZE HOSPICE
 PROVIDERS  THAT  DEMONSTRATE  FINANCIAL STRAIN OR SERVE RURAL, MEDICALLY
 UNDERSERVED, OR HIGH-NEED COMMUNITIES.
   3. (A) THE DEPARTMENT SHALL ESTABLISH REGIONAL HOSPICE WORKFORCE PIPE-
 LINE PROGRAMS.
   (B) SUCH PROGRAMS SHALL BE FUNDED AT FIVE MILLION DOLLARS ANNUALLY.
   (C) GRANTS MAY BE AWARDED TO HOSPICES OR EDUCATIONAL INSTITUTIONS,  IN
 PARTNERSHIP  WITH  ONE  OR  MORE  HOSPICE  PROVIDERS, TO EXPAND TRAINING
 ALIGNED WITH HOSPICE-SPECIFIC COMPETENCIES, INCLUDING HOME  HEALTH  AIDE
 CERTIFICATION,  LICENSED  PRACTICAL NURSE TRAINING, AND REGISTERED NURSE
 ADVANCEMENT.
   (D) GRANT FUNDS MAY BE USED  FOR  RECRUITMENT  AND  OUTREACH,  TUITION
 SUBSIDIES,  FACULTY  SUPPORT,  AND PAID HOSPICE ORIENTATION AND TRAINING
 PROGRAMS OF UP TO SIX MONTHS.
   4. (A) THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE  STATE  EDUCATION
 DEPARTMENT,  SHALL ESTABLISH A PUBLIC EDUCATION COLLABORATIVE TO SUPPORT
 OUTREACH AND EDUCATION REGARDING HOSPICE AND PALLIATIVE CARE WITHIN  THE
 NEW YORK STATE PUBLIC EDUCATION SYSTEM.
   (B)  AWARDS  MAY  BE  MADE TO EDUCATIONAL INSTITUTIONS PARTNERING WITH
 LOCAL HOSPICE PROVIDERS TO  SUPPORT  AGE-APPROPRIATE  EDUCATION,  CAREER
 AWARENESS, AND GENERAL AWARENESS OF HOSPICE AND PALLIATIVE CARE.
   5.  (A)  THE DEPARTMENT MAY PROMULGATE REGULATIONS NECESSARY TO IMPLE-
 MENT THIS SECTION.
   (B) THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE  GOVERNOR  AND
 THE LEGISLATURE DETAILING PROGRAM EXPENDITURES, PARTICIPATION, OUTCOMES,
 AND RECOMMENDATIONS.
   §  4.  The  sum  of  fifteen million dollars ($15,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the department of
 health out of any moneys in the state treasury in the  general  fund  to
 the  credit  of  the  hospice  workforce  stabilization  and  innovation
 program, not otherwise appropriated, and made immediately available, for
 the purpose of carrying out the provisions  of  this  act.  Such  moneys
 shall be payable on the audit and warrant of the comptroller on vouchers
 certified  or  approved  by  the  commissioner  of  health in the manner
 prescribed by law.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 A. 10374                            3
 
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  6. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.