S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7577
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of A. BLUMENCRANZ, GRAY -- read once and referred to
   the Committee on Health
 
 AN ACT directing the commissioner of the department of health to  estab-
   lish a hospice and palliative care workgroup to study and issue recom-
   mendations  related  to the state of affairs of hospice and palliative
   care services offered  in  New  York  state,  utilization  metrics  of
   hospice  and  palliative care services, and effectiveness and accessi-
   bility of home hospice and palliative care services; 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. Hospice and palliative care workgroup. The commissioner of
 health shall establish a hospice and palliative care workgroup (referred
 to in this section as the "workgroup") within the department of health.
   § 2. Definitions. For purposes of this act, the following terms  shall
 have the following meanings:
   1.  "Hospice"  shall mean a coordinated program of home and in-patient
 care which treats the terminally ill  patient  and  family  as  a  unit,
 employing  an  interdisciplinary  team  acting under the direction of an
 autonomous hospice administration. The program provides  palliative  and
 supportive  care  to  meet  the  special  needs arising out of physical,
 psychological, spiritual, social, and economic stresses which are  expe-
 rienced  during  the  final  stages  of  illness,  and  during dying and
 bereavement.
   2. "Palliative care" shall mean a  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 40
 of the public health law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11498-01-3
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   3. "Geriatrics" is defined as a branch of  medicine  that  focuses  on
 health  promotion,  prevention,  diagnosis, and treatment of disease and
 disability in older adults.
   4.  "Home  care"  is  defined  as  a  health  service  provided in the
 patient's home to promote, maintain, or restore  health  or  lessen  the
 effects  of  illness  and disability. Services may include nursing care,
 speech, physical and occupational therapies, home health aide  services,
 and personal care services.
   § 3. Workgroup membership. 1. Workgroup members shall include:
   (a) the commissioner of health, or their designee;
   (b) the commissioner of mental health, or their designee;
   (c) the commissioner of education, or their designee;
   (d) the commissioner of the office for people with developmental disa-
 bilities, or their designee;
   (e) the director of the office for the aging, or their designee;
   (f)  the  chancellors of the State University of New York and the City
 University of New York, or their designees;
   (g) representatives of medical schools and hospital organizations;
   (h) representatives of medical academies;
   (i) patient advocates;
   (j) individual representatives of an  organization  broadly  represen-
 tative of physicians specializing in hospice and palliative care;
   (k)  stakeholders,  including  physicians  and  medical  professionals
 specializing in anesthesia, advanced care, cardiology, family  medicine,
 geriatric  medicine,  geriatrics,  gerontology,  hematology,  home care,
 hospice and palliative medicine, internal medicine, neurology,  nursing,
 obstetrics-gynecology,  oncology,  pain management, pediatrics, psychia-
 try, pulmonary and critical care, social work, and surgery;
   (l) representatives from health care provider organizations; and
   (m) representatives from the philanthropic community.
   2. Workgroup members shall have expertise in  hospice  and  palliative
 care or pain management.
   3.  Eleven additional workgroup members, with expertise in hospice and
 palliative care or pain management, shall be appointed as follows:
   (a) three members shall be appointed by the governor;
   (b) two members shall be appointed by the temporary president  of  the
 senate;
   (c) two members shall be appointed by the speaker of the assembly;
   (d)  two  members  shall  be  appointed  by the minority leader of the
 senate; and
   (e) two members shall be appointed  by  the  minority  leader  of  the
 assembly.
   4.  Additional  members may be added to the workgroup as determined by
 the commissioner of health.
   5. Workgroup members shall be  appointed  within  60  days  after  the
 effective date of this act.
   6.  Workgroup  members  shall  serve a term of one year with renewable
 terms.
   7. Workgroup members shall not receive compensation for their services
 as members of the workgroup.
   § 4. Duties of workgroup. The workgroup shall examine and identify:
   1. the current state of palliative care, hospice care, geriatrics, and
 pain management services offered in New York state;
   2.  the  establishment,  maintenance,  operation,  and  evaluation  of
 outcomes of hospice care initiatives in New York state;
 A. 7577                             3
 
   3.  the  capacity  of  current hospice, palliative care, and geriatric
 providers in New York state;
   4.  the geographic areas where significant gaps in hospice and pallia-
 tive care services exist;
   5. the  barriers  and  factors  contributing  to  underutilization  of
 hospice and palliative care in New York state, including, but not limit-
 ed to, system, educational, clinician, patient, and workforce barriers;
   6.  any financial incentives available to promote the establishment of
 high-quality interdisciplinary hospice and palliative care programs  and
 services in New York state;
   7. any and all current instruction in palliative care and pain manage-
 ment through state health licensure and continuing education guidelines;
   8. the effectiveness and promotion of the statewide advance care plan-
 ning campaign, including any potential areas of improvement;
   9.  any  opportunities  to  collaborate  with key stakeholders who are
 positioned to craft a strategy and plan for improving and expanding  the
 provision of high-quality palliative medicine and hospice and palliative
 care services in New York state;
   10.  the feasibility for financial support of a long-term expansion of
 hospice and palliative care services in New York state;
   11. a plan for ongoing data gathering for purposes of  monitoring  and
 quality improvement of hospice and palliative care in New York state;
   12.  engagement  strategies  for  better  educating  the  public about
 hospice and palliative care to empower people to make informed decisions
 about their care when faced with a serious or terminal illness;
   13. mental health impacts associated with end-of-life planning,  coun-
 seling, and care, and palliative care, palliative psychiatry, or hospice
 care;
   14.  ethical  considerations  concerning  end-of-life  planning, coun-
 seling, and care, and palliative care, palliative psychiatry, or hospice
 care;
   15. utilization and distribution of grants for undergraduate and grad-
 uate medical education in palliative care pursuant to section 2807-n  of
 the public health law, and the potential creation of teaching centers in
 New York state; and
   16.  any  other  strategies  that would improve hospice and palliative
 care services in New York state with a collective goal of creating goal-
 concordant care, promoting efficient use of  resources,  and  ultimately
 improving  the quality of life of individuals as they age and at end-of-
 life.
   § 5. Reporting requirements. 1. No later than December 31,  2023,  the
 workgroup,  in collaboration with academic partners, including the State
 University of New York and the City University of New York, shall submit
 an initial report containing all findings  and  recommendations  to  the
 governor,  the  temporary  president  of  the senate, the speaker of the
 assembly, the commissioner of the department of health, the commissioner
 of mental health, the minority leader of the senate, the minority leader
 of the assembly, and the chairs of the senate and assembly committees on
 health.
   2. Subsequent to the submission of its report containing all  findings
 and  recommendations, the workgroup may convene annually or as necessary
 to discuss and update its findings and recommendations.
   § 6. This act shall take effect  immediately  and  shall  expire  five
 years  after  such  effective date when upon such date the provisions of
 this act shall be deemed repealed.