Requires residential health care facilities to maintain hospice agreements to ensure access to hospice services for eligible residents

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10310

                                  I N  A S S E M B L Y

                                    February 20, 2026
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law, in relation to requiring residen-
          tial  health  care facilities to maintain hospice agreements to ensure
          access to hospice services for eligible residents

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1. Section 2808 of the public health law is amended by adding
     2  a new subdivision 28 to read as follows:
     3    28. (A) EACH RESIDENTIAL HEALTH CARE FACILITY  SHALL  ENTER  INTO  AND
     4  MAINTAIN  ONE  OR MORE WRITTEN AGREEMENTS WITH HOSPICE PROGRAMS LICENSED
     5  PURSUANT TO ARTICLE FORTY OF THIS CHAPTER TO ENSURE  ACCESS  TO  HOSPICE
     6  SERVICES  FOR RESIDENTS WHO ARE ELIGIBLE FOR AND ELECT THE HOSPICE BENE-
     7  FIT.
     8    (B) SUCH AGREEMENTS SHALL PROVIDE FOR COORDINATION OF CARE BETWEEN THE
     9  RESIDENTIAL HEALTH CARE FACILITY AND THE HOSPICE PROGRAM AND SHALL, AT A
    10  MINIMUM, ADDRESS:
    11    (I) TIMELY HOSPICE EVALUATION AND REFERRAL;
    12    (II) ROLES AND RESPONSIBILITIES OF FACILITY STAFF AND HOSPICE  PERSON-
    13  NEL;
    14    (III) INTERDISCIPLINARY CARE PLANNING AND SYMPTOM MANAGEMENT;
    15    (IV) MEDICATION MANAGEMENT AND CLINICAL OVERSIGHT;
    16    (V) AFTER-HOURS COMMUNICATION AND EMERGENCY RESPONSE; AND
    17    (VI) DOCUMENTATION AND INFORMATION SHARING, CONSISTENT WITH APPLICABLE
    18  LAW.
    19    (C)  THE DEPARTMENT SHALL PROVIDE GUIDANCE AND TECHNICAL ASSISTANCE TO
    20  RESIDENTIAL HEALTH CARE  FACILITIES  AND  HOSPICE  PROGRAMS  TO  SUPPORT
    21  IMPLEMENTATION  OF THIS SUBDIVISION, INCLUDING MODEL CONTRACT PROVISIONS
    22  AND BEST PRACTICE RECOMMENDATIONS.
    23    (D) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION  SHALL
    24  CONSTITUTE A VIOLATION SUBJECT TO ENFORCEMENT PURSUANT TO THIS ARTICLE.
    25    (E) TO THE EXTENT NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDI-
    26  VISION, THE DEPARTMENT SHALL SEEK ANY FEDERAL APPROVALS REQUIRED.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14724-01-6
        A. 10310                            2

     1    §  2.  This  act  shall  take effect on the one hundredth day after it
     2  shall have become a law. Effective immediately, the addition,  amendment
     3  and/or repeal of any rule or regulation necessary for the implementation
     4  of  this  act  on  its  effective  date  are  authorized  to be made and
     5  completed on or before such effective date.