N.Y. Public Health Law § 2997-d: Hospital, nursing home, home care, special needs assisted living residences and enhanced assisted living residences palliative care support

§ 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.