§ 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.

2. General hospitals, nursing homes, organizations licensed or
certified 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 chapter shall establish policies and procedures to provide patients
with advanced life limiting conditions and illnesses who might benefit
from palliative care, including associated pain management, services
with access to information and counseling regarding such options
appropriate to the patient. Policies must include provision for patients
who lack capacity to make medical decisions, so that access to such
information 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
certified 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 chapter shall facilitate access to appropriate palliative care
consultations and services, including associated pain management
consultations and services, including but not limited to referrals
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 certified
practitioners and other related workforce staff, geographic factors, and
facility size that may impact development of palliative care services.