NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10316
SPONSOR: Paulin 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
afforded 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 a law.
