What's happening
This bill updates the definition and eligibility for palliative care in New York to include patients with life-limiting conditions and illnesses.
Why it matters
Broadens access to palliative care. by expanding eligibility from only those with "advanced and progressive disease" to anyone with "life-limiting conditions and illnesses," potentially allowing more patients and families to receive supportive services earlier in their illness.
Removes the requirement for conditions to be irreversible and indefinite. , which means people with serious but not necessarily terminal or strictly defined progressive illnesses can now qualify for palliative care, addressing a gap where patients with significant suffering were previously excluded.
Clarifies and updates language in current law. , which could support better understanding and implementation by health care providers, as well as encourage hospices and other agencies to develop or expand palliative care programs for a wider range of patients.
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Who cares
Headline styles
Update Palliative Care Definition
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A1078
- Advanced to third reading
- 2nd report cal.
- 1st report cal.540
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Palliative Care Definition
Signed by Governor · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4582
2019-2020 Regular Sessions
IN SENATE
March 15, 2019
Introduced by Sen. SANDERS -- 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 the definition of palliative care
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4012-b of the public health law, as added by chapter 195 of the laws of 2002, is amended to read as follows:
§ 4012-b. Hospice palliative care [program for persons with advanced and progressive disease]. 1. Notwithstanding any inconsistent provision of this article to the contrary, a hospice may also offer a program of palliative care for patients with advanced [and progressive disease] life-limiting conditions and illnesses and their families. Such a program may be provided by a hospice issued a certificate of approval pursuant to section [forty hundred] four thousand four of this article, acting alone or under contract with a certified home health agency, long term home health care program, licensed home care services agency or AIDS home care program, as such terms are defined in section thirty-six hundred two of this chapter. Nothing in this section shall preclude the provision of palliative care by any other health care provider otherwise authorized to provide such services.
2. For the purposes of this section [the following terms shall mean:
(a) "Advanced and progressive disease" means a medical condition which is irreversible and which will continue indefinitely, where there is no reasonable hope of maintaining life.
(b)] "Palliative care" means the active, interdisciplinary care of patients with advanced, life-limiting illness, focusing on relief of distressing physical and psychosocial symptoms and meeting spiritual needs. Its goal is achievement of the best quality of life for patients and families.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03391-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the definition of palliative care
Purpose or general idea of bill
Add a definition for and update other references to palliative care in the hospice law.
Summary of specific provisions
The bill deletes the definition of palliative care in Section 4012-b which is selectively applicable to services for patients with life-lim- iting as opposed to life-ending illness, and makes other technical revisions so that the new definition in Subdivision 6 of Section 4002 will apply to Article Forty as a whole.
Justification
In 2002, Section 4012-b was enacted to enable hospices to provide palli- ative care to patients not at end-of-life. However, the inconsistent definitions between hospice statute and palliative care statutes have led to confusion and could potentially limit access.
Prior legislative history
2013-2014: A.7505 - passed Assembly 2015-2016: A2211-A passed Assembly 2017-2018: A.2723 - passed Assembly
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.