Assembly Bill A10569

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10569
 
                           I N  A S S E M B L Y
 
                              March 13, 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 establishing
   pediatric palliative care homes that would fall under the category  of
   residential care facilities
 
   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 as "pediatric  pallia-
 tive care act".
   §  2. The public health law is amended by adding new section 2801-I to
 read as follows:
   § 2801-I. PEDIATRIC PALLIATIVE CARE CENTERS. 1. FOR  THE  PURPOSES  OF
 THIS  SECTION,  "PEDIATRIC  PALLIATIVE CARE PATIENT" MEANS AN INDIVIDUAL
 WHO:
   (A) IS UNDER TWENTY-ONE YEARS OF AGE;
   (B) HAS BEEN  DIAGNOSED  WITH  A  CHRONIC,  COMPLEX,  LIFE-THREATENING
 ILLNESS  THAT  IS  EXPECTED TO SHORTEN THE INDIVIDUAL'S LIFE EXPECTANCY;
 AND
   (C) IS NOT EXPECTED TO SURVIVE PAST TWENTY-ONE YEARS OF AGE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  DEPARTMENT  SHALL
 ESTABLISH  A SPECIAL CLASSIFICATION WITHIN THE RESIDENTIAL CARE FACILITY
 CATEGORY TO ALLOW FOR THE OPERATION OF RESIDENTIAL CARE FACILITIES WHICH
 HAVE THE PRIMARY PURPOSE OF SERVING PEDIATRIC PALLIATIVE  CARE  PATIENTS
 AND  THAT  ONLY  PROVIDES  RESPITE  CARE  SERVICES AND THE SERVICES OF A
 HOSPICE PROGRAM AS DEFINED IN ARTICLE FORTY OF THIS CHAPTER. A  FACILITY
 WITHIN  THE SPECIAL CLASSIFICATION ESTABLISHED PURSUANT TO THIS SUBDIVI-
 SION SHALL BE EXEMPT FROM THE REQUIREMENTS OF SECTION FOUR THOUSAND FOUR
 OF THIS CHAPTER. THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS  WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  A  RESIDENTIAL  CARE  FACILITY  WITHIN THE SPECIAL CLASSIFICATION
 ESTABLISHED PURSUANT TO THIS SUBSECTION SHALL BE REFERRED TO AS A PEDIA-
 TRIC PALLIATIVE CARE CENTER.
   (B) A LICENSED RESIDENTIAL CARE FACILITY WITHIN  THE  SPECIAL  CLASSI-
 FICATION  ESTABLISHED  PURSUANT  TO  THIS  SECTION SHALL BE ELIGIBLE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14516-01-6
 A. 10569                            2
 
 FUNDING AVAILABLE TO HOSPICE PROGRAMS LICENSED UNDER  ARTICLE  FORTY  OF
 THIS  CHAPTER,  LICENSED RESIDENTIAL CARE FACILITIES THAT TREAT INDIVID-
 UALS WITH AN ILLNESS OR DISABILITY, INCLUDING BUT NOT LIMITED TO FUNDING
 FROM  THE  FEDERAL  SOCIAL SERVICES BLOCK GRANT, THE STATE SUPPLEMENTARY
 ASSISTANCE PROGRAM, THE HOSPICE  RESPITE  BENEFIT,  HOME  AND  COMMUNITY
 BASED SERVICES WAIVERS, ANY FUNDING SOURCE FOR THE CARE OF CHILDREN WITH
 MEDICAL  FRAGILITY,  AND  ANY BENEFIT A NURSING FACILITY MAY BE ELIGIBLE
 FOR RELATED TO RESPITE CARE SERVICES.
   § 3. Section 2807 of the public health law is amended by adding a  new
 subdivision 22 to read as follows:
   22.  (A)  NOTWITHSTANDING  ANY PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, AND SUBJECT TO THE PROVISIONS OF  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION  AND TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION,
 THE COMMISSIONER SHALL ESTABLISH OR APPROVE AN ENHANCED RATE METHODOLOGY
 FOR PEDIATRIC PALLIATIVE CARE CENTERS ESTABLISHED  PURSUANT  TO  SECTION
 TWO  THOUSAND  EIGHT  HUNDRED ONE-I OF THIS ARTICLE, FOR THE PURPOSES OF
 PROVIDING PALLIATIVE CARE TO CHILDREN.
   (B) TO BE ELIGIBLE FOR THE ENHANCED RATE  METHODOLOGY  ESTABLISHED  OR
 APPROVED  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION, A PEDIATRIC
 PALLIATIVE CARE CENTER SHALL HAVE PROCESS AND  OUTCOMES  STANDARDS  THAT
 MEET  OR EXCEED CRITERIA SET BY SECTION TWO THOUSAND EIGHT HUNDRED ONE-J
 OF THIS ARTICLE.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.