Assembly Bill A10569A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10569--A
 
                           I N  A S S E M B L Y
 
                              March 13, 2026
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  SCHIAVONI,  SIMON,  KASSAY, JENSEN,
   DE LOS SANTOS, McDONALD, GIGLIO, FITZPATRICK, GANDOLFO,  STERN,  GRIF-
   FIN, REYES, DURSO -- read once and referred to the Committee on Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   demonstration program for pediatric palliative care centers; authoriz-
   ing  a  rate  methodology  for  pediatric palliative care centers; 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.  Short  title.  This  act shall be known as the "pediatric
 palliative care center act".
   § 2. The public health law is amended by adding new section 2801-i  to
 read as follows:
   §  2801-I. PEDIATRIC PALLIATIVE CARE CENTER DEMONSTRATION PROGRAM.  1.
 FOR THE PURPOSES OF THIS SECTION (A) "PEDIATRIC PALLIATIVE CARE PATIENT"
 MEANS AN INDIVIDUAL WHO:
   (I) IS UNDER TWENTY-ONE YEARS OF AGE;
   (II) HAS BEEN DIAGNOSED  WITH  A  CHRONIC,  COMPLEX,  LIFE-THREATENING
 ILLNESS  THAT  IS  EXPECTED TO SHORTEN THE INDIVIDUAL'S LIFE EXPECTANCY;
 AND
   (III) IS NOT EXPECTED TO SURVIVE PAST TWENTY-ONE YEARS OF AGE.
   (B) "PEDIATRIC PALLIATIVE CARE"  MEANS  PATIENT  AND  FAMILY  CENTERED
 INTERDISCIPLINARY  CARE  PROVIDED TO THOSE UNDER TWENTY-ONE YEARS OF AGE
 WITH  SERIOUS,  COMPLEX,  CHRONIC,  LIFE-LIMITING,  OR  LIFE-THREATENING
 MEDICAL CONDITIONS FOR THE PURPOSE OF PREVENTING AND RELIEVING SUFFERING
 AND  IMPROVING  QUALITY  OF LIFE. CARE MAY BE PROVIDED CONCURRENTLY WITH
 CURATIVE, RESTORATIVE, DISEASE DIRECTED, OR  LIFE  PROLONGING  TREATMENT
 AND IF APPROPRIATE REGARDLESS OF PROGNOSIS OR LIFE EXPECTANCY.
   2.  (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE DEPARTMENT
 SHALL  ESTABLISH  A  PEDIATRIC  PALLIATIVE  CARE  CENTER   DEMONSTRATION
 PROGRAM, OF UP TO FIVE NOT-FOR-PROFIT ENTITIES, TO EVALUATE THE DELIVERY
 OF PEDIATRIC PALLIATIVE CARE CENTERS SERVICES AND THEIR EFFICACY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14516-12-6
 A. 10569--A                         2
 
   (B) SUCH DEMONSTRATION CENTERS SHALL BE LIMITED IN SIZE BY THE DEPART-
 MENT AFTER CONSIDERING THE NEED OF THE DEMONSTRATION CATCHMENT AREA. THE
 DEPARTMENT  SHALL ALSO CONSIDER THE PLACEMENT OF THE CENTERS BASED ON AN
 ESTIMATED NUMBER OF PEDIATRIC PALLIATIVE CARE PATIENTS IN THE PARTICULAR
 AREA  AND THE AVAILABILITY OF OTHER SERVICES IN THE AREA.
   (C)  BEFORE  APPROVING  A  NOT-FOR-PROFIT ENTITY FOR THE DEMONSTRATION
 PROGRAM UNDER THIS SECTION, THE COMMISSIONER SHALL BE SATISFIED WITH THE
 CHARACTER AND COMPETENCE OF SUCH ENTITY.  THE  COMMISSIONER  SHALL  TAKE
 INTO  CONSIDERATION  ANY  EXPERIENCE WITH THE DEPARTMENT AND OTHER STATE
 AGENCIES.
   3. (A) A PEDIATRIC PALLIATIVE CARE CENTER APPROVED  TO  OPERATE  UNDER
 THIS  SECTION SHALL BE ELIGIBLE FOR FEDERAL FUNDING TO THE EXTENT POSSI-
 BLE.
   (B) HOSPICE SERVICES  PROVIDED  WITHIN  A  PEDIATRIC  PALLIATIVE  CARE
 CENTER  SHALL  BE  DELIVERED  BY, OR BY CONTRACT WITH, A HOSPICE PROGRAM
 LICENSED PURSUANT TO ARTICLE FORTY OF THIS CHAPTER.
   4. THE DEPARTMENT  SHALL  ADOPT  RULES  AND  REGULATIONS  WHICH  SHALL
 INCLUDE,  BUT  NOT BE LIMITED TO, MINIMUM OPERATING STANDARDS APPLICABLE
 TO THE SERVICES AND NEED OF PEDIATRIC PALLIATIVE CARE PATIENTS;
   5. ELIGIBILITY CRITERIA FOR PEDIATRIC PALLIATIVE CARE CENTER  SERVICES
 SHALL  BE BASED UPON MEDICAL NECESSITY, FUNCTIONAL IMPAIRMENT, CAREGIVER
 NEED AND OTHER CRITERIA ESTABLISHED BY THE COMMISSIONER.
   § 3. Section 2807 of the public health law is amended by adding a  new
 subdivision 22 to read as follows:
   22.  NOTWITHSTANDING  ANY  PROVISION OF LAW, RULE OR REGULATION TO THE
 CONTRARY, THE COMMISSIONER SHALL ESTABLISH OR APPROVE A 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.  SUCH RATE METHODOLOGY  SHALL  BE
 BASED  ON THE REASONABLE COSTS OF OPERATING A DEMONSTRATION CENTER IN AN
 EFFICIENT MANNER.  THE COMMISSIONER MAY ALSO APPLY FOR FEDERAL FINANCIAL
 PARTICIPATION IF APPROPRIATE.
   § 4. This act shall take effect on the  one  hundredth  day  after  it
 shall  have become a law and shall expire and be deemed repealed 8 years
 after such date.  Effective immediately, the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.