NY State Senate Bill 2025-S9621

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2026	referred to health

2025-S9621 (ACTIVE) - Details

See Assembly Version of this Bill:: A10316
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2997-d, Pub Health L

2025-S9621 (ACTIVE) - Summary

Amends policies and procedures to improve access to palliative care and hospice services; directs implementation of hospice-palliative care health system demonstration projects.

2025-S9621 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9621

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the public health law, in relation to strengthening
access to palliative care and hospice services

 
PURPOSE OR GENERAL IDEA OF BILL:

To modernize and strengthen New York's Palliative Care Access Act by
establishing clear identification and referral standards, improving
access to hospice services, requiring documentation and data reporting,
supporting hospital hospice coordination, and reinforcing oversight and
enforcement.

 
SUMMARY OF PROVISIONS:

Section one amends section 2997-d of the Public Health Law to:

*Update and expand statutory definitions, including the addition of
"community-based palliative care" and explicit recognition of hospice as

a form of palliative care.

*Require hospitals and other covered facilities to implement written
policies and procedures to identify patients who may benefit from palli-
ative care or hospice services.

*Establish evidence-based clinical triggers for identification and
require documentation of identification, counseling, and referral deci-
sions in the medical record.

*Ensure that eligible patients are informed of hospice services and
afford timely referral to hospice programs.

*Create a hospice-palliative care integration demonstration program,
funded at $5 million annually, to support improved coordination between
hospitals, health systems, and hospice providers.

*Require facilities to submit data to the Department of Health regarding
palliative care and hospice identification and referral practices and
authorize public reporting of such data.

*Strengthen oversight by authorizing the Department of Health to require
corrective action, conduct targeted reviews, and take enforcement
action.

*Establish civil penalties for failure to comply with documentation,
reporting, or other statutory requirements.

*Direct the commissioner to promulgate regulations necessary to imple-
ment the amended section.

Section two provides for the effective date.

 
JUSTIFICATION:

New York enacted the Palliative Care Access Act to ensure that individ-
uals with serious illness receive timely information and access to
palliative care services. Despite this intent, compliance has been
inconsistent, and many eligible patients continue to experience delayed
identification, inadequate counseling, and missed opportunities for
hospice referral. These gaps contribute to avoidable suffering, unneces-
sary hospitalizations, and care that does not align with patient goals
and preferences. This bill strengthens the Palliative Care Access Act by
establishing clear, enforceable standards for identification, coun-
seling, documentation, and referral. It ensures that hospice, an
evidence-based, person-centered model of care, is consistently presented
to eligible patients as an option.

The bill also enhances transparency through data reporting and supports
system-level improvements through a targeted demonstration program. By
reinforcing the Department of Health's oversight authority and estab-
lishing a monetary enforcement mechanism, the bill ensures that statuto-
ry obligations are meaningful and that facilities are accountable for
compliance. These reforms will improve the quality of care, promote
patient autonomy, reduce avoidable high acuity utilization, and support
more equitable access to palliative and hospice services across New York
State.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill authorizes $5 million annually for a hospice-palliative care
integration demonstration program. Other provisions are expected to be
cost-neutral or cost-saving over time due to reduced avoidable hospital-
izations and improved care coordination.

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

2025-S9621 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9621
 
                             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  strengthening
   access to palliative care and hospice services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2997-d of  the  public  health  law,  as  added  by
 section  48  of  part H of chapter 59 of the laws of 2011, is amended to
 read as follows:
   § 2997-d. Hospital, nursing home, home care,  special  needs  assisted
 living  residences  and  enhanced  assisted living residences palliative
 care support. 1. (a) "Palliative  care"  means  health  care  treatment,
 including  interdisciplinary  end-of-life  care,  and  consultation with
 patients and family members, to prevent or relieve  pain  and  suffering
 and  to  enhance  the  patient's quality of life, including hospice care
 under article forty of this chapter.
   (b) "Appropriate" has the same meaning as paragraph (a) of subdivision
 one of section twenty-nine hundred ninety-seven-c of this title.
   (C) "COMMUNITY-BASED PALLIATIVE CARE" MEANS PALLIATIVE  CARE  SERVICES
 DELIVERED IN A PATIENT'S RESIDENCE OR OTHER COMMUNITY SETTING, INCLUDING
 SYMPTOM  MANAGEMENT,  PSYCHOSOCIAL  SUPPORT, ADVANCE CARE PLANNING, CARE
 COORDINATION, AND REFERRAL TO HOSPICE SERVICES, AS APPROPRIATE.
   (D) "HOSPICE" MEANS A PROGRAM LICENSED UNDER  ARTICLE  FORTY  OF  THIS
 CHAPTER.
   (E)  "ADMINISTRATOR"  SHALL MEAN A STATEWIDE MEMBERSHIP BASED NOT-FOR-
 PROFIT ORGANIZATION WHOSE PRIMARY MISSION IS TO PROMOTE ACCESS TO QUALI-
 TY END OF LIFE CARE FOR ALL NEW YORKERS.
   2. General hospitals, nursing homes, organizations licensed or  certi-
 fied  pursuant  to article thirty-six of this chapter, and organizations
 licensed  as  special  needs  assisted  living  residences  or  enhanced
 assisted living residences pursuant to article forty-six-B of this chap-
 ter  shall  establish  AND  IMPLEMENT WRITTEN policies and procedures to
 [provide] ENSURE THAT patients with advanced  life  limiting  conditions
 [and]  OR  illnesses  who  might benefit from palliative care, including
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14732-03-6
 S. 9621                             2
 
 associated pain management, [services] ARE IDENTIFIED AND PROVIDED  with
 TIMELY  access  to information [and], counseling [regarding such options
 appropriate to the patient], AND  SUCH  SERVICES,  INCLUDING  COMMUNITY-
 BASED  PALLIATIVE CARE. Policies must include provision for patients who
 lack capacity to make medical decisions, so that access to such informa-
 tion and counseling shall be provided to the  persons  who  are  legally
 authorized to make medical decisions on behalf of such patients.
   3.  General hospitals, nursing homes, organizations licensed or certi-
 fied pursuant to article thirty-six of this chapter,  and  organizations
 licensed  as  special  needs  assisted  living  residences  or  enhanced
 assisted living residences pursuant to article forty-six-B of this chap-
 ter shall facilitate access to appropriate palliative care consultations
 and services, including associated  pain  management  consultations  and
 services,  [including  but not limited to] AND ENSURE referrals ARE MADE
 consistent with patient needs and  preferences.  [The  department  shall
 take  into  account  access  and  proximity of palliative care services,
 including the availability of hospice and palliative care  board  certi-
 fied   practitioners  and  other  related  workforce  staff,  geographic
 factors, and facility size that may  impact  development  of  palliative
 care services.] FACILITIES SUBJECT TO THIS SUBDIVISION SHALL ENSURE THAT
 ELIGIBLE  PATIENTS  ARE INFORMED OF THE AVAILABILITY OF HOSPICE SERVICES
 AND OTHER COMMUNITY-BASED PALLIATIVE CARE  SERVICES,  AND  AFFORDED  THE
 OPPORTUNITY TO RECEIVE A TIMELY REFERRAL TO SUCH SERVICES.
   4.  (A)  THE  DEPARTMENT SHALL MONITOR AND REPORT TO EACH HOSPITAL THE
 HOSPICE UTILIZATION FOR PATIENTS THAT DIED  WITHIN  THIRTY,  SIXTY,  AND
 NINETY  DAYS POST DISCHARGE FROM THEIR RESPECTIVE INSTITUTIONS TO DETER-
 MINE ACCESS TO HOSPICE SERVICES PRIOR TO DEATH.
   (B) SUCH DATA MAY BE USED TO INFORM  POLICY  AND  FUTURE  VALUE  BASED
 ARRANGEMENTS TO IMPROVE HOSPICE UTILIZATION.
   5.  (A)  THE DEPARTMENT SHALL ADMINISTER DIRECTLY AND/OR ENTER INTO AN
 AGREEMENT WITH THE ADMINISTRATOR TO ADMINISTER A HOSPICE-PALLIATIVE CARE
 INTEGRATION  DEMONSTRATION  PROGRAM  TO  SUPPORT  IMPROVED  COORDINATION
 BETWEEN HOSPITALS, HEALTH SYSTEMS, AND HOSPICE PROVIDERS.
   (B)  SUBJECT  TO  APPROPRIATION,  SUCH PROGRAM SHALL BE FUNDED AT FIVE
 MILLION DOLLARS ANNUALLY.
   (C) GRANTS MAY BE AWARDED ON  A  COMPETITIVE  BASIS  TO  HOSPITALS  OR
 HEALTH  SYSTEMS,  IN  PARTNERSHIP WITH ONE OR MORE HOSPICE PROVIDERS, TO
 IMPLEMENT PROJECTS DESIGNED TO  IMPROVE  TRANSITIONS  OF  CARE,  ADVANCE
 TIMELY  HOSPICE  REFERRAL,  AND  ENHANCE COORDINATION OF SERIOUS ILLNESS
 CARE.
   (D) DEMONSTRATION PROJECTS MAY INCLUDE, BUT NEED NOT  BE  LIMITED  TO,
 DEVELOPMENT  OF  STANDARDIZED  REFERRAL PATHWAYS, INTEGRATION OF HOSPICE
 EXPERTISE INTO DISCHARGE PLANNING,  STAFF  EDUCATION,  INTERDISCIPLINARY
 TRAINING, AND QUALITY IMPROVEMENT INITIATIVES RELATED TO HOSPICE ACCESS.
   (E) EACH PARTICIPATING ENTITY SHALL IMPLEMENT POLICIES AND PROCEDURES,
 CONSISTENT  WITH  STANDARDS  ESTABLISHED BY THE   DEPARTMENT TO IDENTIFY
 PATIENTS WHO MAY BENEFIT FROM PALLIATIVE CARE SERVICES.
   (F) SUCH POLICIES SHALL INCLUDE, BUT NOT BE LIMITED TO, EVIDENCE BASED
 CLINICAL  TRIGGERS,  INCLUDING  BUT  NOT  LIMITED  TO  ADVANCED  CANCER,
 PROGRESSIVE  ORGAN  FAILURE,  ADVANCED DEMENTIA, AND PROLONGED INTENSIVE
 CARE STAYS.
   (G) HOSPITALS SHALL DOCUMENT  IN  THE  MEDICAL  RECORD  WHETHER  I.  A
 PATIENT  MET ONE OR MORE IDENTIFICATION CRITERIA, II. PALLIATIVE CARE OR
 HOSPICE SERVICES WERE PROVIDED, III. A REFERRAL WAS OFFERED, AND IV. THE
 REFERRAL WAS ACCEPTED OR DECLINED.
 S. 9621                             3

   (H) THE DEPARTMENT SHALL ESTABLISH PERFORMANCE MEASURES APPROPRIATE TO
 THE GOALS OF THE DEMONSTRATION PROGRAM AND MAY INCLUDE PERFORMANCE-BASED
 COMPONENTS BASED ON MEASURABLE IMPROVEMENT OVER BASELINE.
   6. FACILITIES SUBJECT TO THIS SECTION SHALL SUBMIT DATA TO THE DEPART-
 MENT,  IN  A  FORM  AND MANNER PRESCRIBED BY THE COMMISSIONER, REGARDING
 PALLIATIVE CARE AND HOSPICE IDENTIFICATION AND REFERRAL  PRACTICES.  THE
 DEPARTMENT  SHALL  PUBLICLY  REPORT FACILITY-LEVEL OR SYSTEM-LEVEL DATA,
 PROVIDED SUCH REPORTING COMPLIES WITH APPLICABLE PRIVACY LAWS.
   7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS NECESSARY  TO  IMPLE-
 MENT  THIS  SECTION, INCLUDING BUT NOT LIMITED TO MINIMUM IDENTIFICATION
 STANDARDS, DOCUMENTATION  REQUIREMENTS,  REPORTING  SPECIFICATIONS,  AND
 ENFORCEMENT PROCEDURES.
   §  2.  This  act  shall  take effect on the one hundredth day after it
 shall have become a law.

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Senate Bill S9621

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9621 (ACTIVE) - Details

2025-S9621 (ACTIVE) - Summary

2025-S9621 (ACTIVE) - Sponsor Memo

2025-S9621 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jessica Scarcella-Spanton

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9621 (ACTIVE) - Details

2025-S9621 (ACTIVE) - Summary

2025-S9621 (ACTIVE) - Sponsor Memo

2025-S9621 (ACTIVE) - Bill Text download pdf

Comments