S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4858
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  establishing  the
   office of hospice and palliative care access and quality
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 4003 to read as follows:
   § 4003. DIRECTOR OF HOSPICE AND PALLIATIVE CARE ACCESS AND QUALITY. 1.
 THE  OFFICE  OF HOSPICE AND PALLIATIVE CARE ACCESS AND QUALITY IS HEREBY
 CREATED WITHIN THE DEPARTMENT. THE COMMISSIONER SHALL APPOINT A DIRECTOR
 OF THE OFFICE AND MAY EMPLOY SUCH ASSISTANTS AND PERSONNEL AS ARE NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   2. THE OFFICE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) TO PROVIDE EXPERTISE AND INPUT  ON  HOSPICE  AND  PALLIATIVE  CARE
 POLICY DEVELOPMENT AND REGULATION;
   (B)  TO  ENSURE  HOSPICE  AND  PALLIATIVE CARE PROVIDERS, WORKERS, AND
 PATIENTS ARE CONSIDERED  WHEN  NEW  POLICY  OR  REGULATORY  CHANGES  ARE
 CONTEMPLATED, DEVELOPED OR IMPLEMENTED;
   (C) TO DEVELOP RECOMMENDATIONS TO IMPROVE PATIENT CARE FOR INDIVIDUALS
 WITH CHRONIC OR LIFE-LIMITING ILLNESSES;
   (D) TO FACILITATE COMMUNICATION BETWEEN THE DEPARTMENT AND HOSPICE AND
 PALLIATIVE CARE PROVIDERS;
   (E)  TO  RAISE  AWARENESS  AND  ACCESS  TO HOSPICE AND PALLIATIVE CARE
 SERVICES;
   (F) TO IDENTIFY AND ELIMINATE BARRIERS TO SUCH SERVICES;
   (G) TO SUPPORT MODELS OF CARE AND SERVICE DELIVERY THAT  WOULD  ASSIST
 IN INCREASING UTILIZATION OF HOSPICE AND PALLIATIVE CARE SERVICES;
   (H)  TO  WORK  TO  DEVELOP AND PROMOTE INNOVATIVE HEALTH CARE DELIVERY
 MODELS FOR HOSPICE AND PALLIATIVE CARE SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01248-01-3
 S. 4858                             2
              

 
   (I) TO ESTABLISH  AND  MONITOR  QUALITY  AND  UTILIZATION  METRICS  TO
 PROMOTE INCREASED ACCESS TO HIGH-QUALITY END-OF-LIFE CARE;
   (J)  TO  SUPPORT  COMMUNITY-WIDE EFFORTS TO PROMOTE ADVANCE CARE PLAN-
 NING;
   (K) TO WORK IN COLLABORATION WITH THE STATE PALLIATIVE CARE  EDUCATION
 AND TRAINING COUNCIL, CENTERS FOR PALLIATIVE CARE EXCELLENCE, AND PALLI-
 ATIVE  CARE PRACTITIONER RESOURCE CENTERS, TO ASSIST IN PROVIDING EDUCA-
 TION ON HOSPICE AND  PALLIATIVE  CARE  TO  STATE,  REGIONAL,  AND  LOCAL
 PERSONNEL;
   (L) TO ENSURE EQUITABLE ACCESS TO HOSPICE AND PALLIATIVE CARE SERVICES
 BY UNDERREPRESENTED COMMUNITIES ACROSS NEW YORK STATE.
   3. THE COMMISSIONER, IN CONJUNCTION WITH THE DIRECTOR APPOINTED PURSU-
 ANT  TO THIS SECTION, SHALL PREPARE AND SUBMIT A REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
 AND  POST  SUCH REPORT ON THE DEPARTMENT'S WEBSITE, BY NO LATER THAN TWO
 YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT AND ANNUALLY  THEREAFTER,
 OUTLINING  THE  ACTIVITIES  OF  THE  OFFICE ESTABLISHED PURSUANT TO THIS
 SECTION, AND RECOMMENDATIONS ON MATTERS WITHIN THE SCOPE OF  THE  DIREC-
 TOR'S DUTIES AS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.