Senate Bill S9323

                                 
BILL NUMBER: S9323

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE:

To establish a licensure classification and Medicaid reimbursement
framework for pediatric palliative care centers under the Department of
Health, allowing children with life-limiting illnesses to receive palli-
ative, respite and hospice services in a residential, home-like setting
instead of costly hospital settings which provide the same services.
Establishing this classification will allow Medicaid to support care in
a lower-cost residential setting when hospital-level care is not
medically necessary, improving system efficiency while enhancing family
experience.

 
SUMMARY OF PROVISIONS:
              

Section 1: Is the short title.

Section 2: Amends the public health law by adding new section 2801-I to
establish a special classification within the residential care facility
category for pediatric palliative care centers serving children under
twenty-one years of age with life-limiting illnesses who are not
expected to survive past age twenty-one.

Section 3: Amends section 2807 by adding subdivision 22, directing the
Commissioner to establish or approve an enhanced rate methodology for
pediatric palliative care centers licensed under section 2801-I; facili-
ties must meet process and outcome standards consistent with section
2801-j to qualify.

Section 4: Is the effective date.

 
JUSTIFICATION:

New York currently lacks a licensure category and reimbursement struc-
ture for pediatric palliative care centers. As a result, children with
chronic, complex, and life-limiting illnesses often remain in prolonged
hospital stays, are placed in adult-oriented facilities, or are forced
to seek care far from home, including out of state. These options are
costly, emotionally taxing for families, and insufficient for pediatric
patients. Pediatric palliative care centers provide short-term residen-
tial respite and specialized palliative support in a family-centered
environment designed specifically for children and their siblings.

While hospice services are authorized under Article 40 of the Public
Health Law, existing law does not provide a pediatric-specific residen-
tial palliative care licensure pathway. This gap limits the state's
ability to provide appropriate, age-centered care to children with
complex medical needs. Organizations such as Angela's House have demon-
strated the effectiveness of community-based, pediatric-focused care by
supporting medically fragile children and their families through
specialized residential and home-based services. However, the absence of
a statutory framework prevents the establishment of pediatric palliative
care centers able to provide licensed, reimbursable residential care.

This bill is modeled after successful pediatric palliative care frame-
works in other states. Iowa's "Mason's Law" (2025), established pedia-
tric palliative care centers under a new license category within resi-
dential care facilities serving children under twenty-one with
life-limiting illnesses, ensuring access to funding streams.  Minnesota
similarly amended its residential hospice statute to allow pediatric
residential care facilities, such as Crescent Cove (2023), to operate
under a modified residential hospice license, in coordination with the
state Medicaid program. Together, the Iowa and Minnesota frameworks
demonstrate that pediatric palliative care centers can be licensed with-
in existing residential or hospice categories while enabling Medicaid
reimbursement for respite, hospice, and palliative services in a resi-
dential, family-centered setting.

Consistent with these models, this bill directs the Department of Health
to establish. a special classification within the residential care
facility category for facilities serving pediatric palliative care
patients and providing respite and hospice program services.  Every
child deserves to live with dignity, comfort, and love, and every parent
deserves the support and peace of mind of knowing their child's needs
will be cared for at the highest level. By establishing this classifica-
tion within our law, we will ensure children with life-limiting
illnesses can receive compassionate, age-appropriate, and home-like
care, while families gain the help and reassurance they need.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.