S T A T E O F N E W Y O R K
________________________________________________________________________
9620
I N S E N A T E
March 30, 2026
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring residen-
tial health care facilities to maintain hospice agreements to ensure
access to hospice services for eligible residents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2808 of the public health law is amended by adding
a new subdivision 28 to read as follows:
28. (A) EACH RESIDENTIAL HEALTH CARE FACILITY SHALL ENTER INTO AND
MAINTAIN ONE OR MORE WRITTEN AGREEMENTS WITH HOSPICE PROGRAMS LICENSED
PURSUANT TO ARTICLE FORTY OF THIS CHAPTER TO ENSURE ACCESS TO HOSPICE
SERVICES FOR RESIDENTS WHO ARE ELIGIBLE FOR AND ELECT THE HOSPICE BENE-
FIT.
(B) SUCH AGREEMENTS SHALL PROVIDE FOR COORDINATION OF CARE BETWEEN THE
RESIDENTIAL HEALTH CARE FACILITY AND THE HOSPICE PROGRAM AND SHALL, AT A
MINIMUM, ADDRESS:
(I) TIMELY HOSPICE EVALUATION AND REFERRAL;
(II) ROLES AND RESPONSIBILITIES OF FACILITY STAFF AND HOSPICE PERSON-
NEL;
(III) INTERDISCIPLINARY CARE PLANNING AND SYMPTOM MANAGEMENT;
(IV) MEDICATION MANAGEMENT AND CLINICAL OVERSIGHT;
(V) AFTER-HOURS COMMUNICATION AND EMERGENCY RESPONSE; AND
(VI) DOCUMENTATION AND INFORMATION SHARING, CONSISTENT WITH APPLICABLE
LAW.
(C) THE DEPARTMENT SHALL PROVIDE GUIDANCE AND TECHNICAL ASSISTANCE TO
RESIDENTIAL HEALTH CARE FACILITIES AND HOSPICE PROGRAMS TO SUPPORT
IMPLEMENTATION OF THIS SUBDIVISION, INCLUDING MODEL CONTRACT PROVISIONS
AND BEST PRACTICE RECOMMENDATIONS.
(D) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION SHALL
CONSTITUTE A VIOLATION SUBJECT TO ENFORCEMENT PURSUANT TO THIS ARTICLE.
(E) TO THE EXTENT NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDI-
VISION, THE DEPARTMENT SHALL SEEK ANY FEDERAL APPROVALS REQUIRED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14724-01-6
S. 9620 2
§ 2. This act shall take effect on the one hundredth day after it
shall have become a law. 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.