§ 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\nliving residences and enhanced assisted living residences palliative\ncare support. 1. (a) "Palliative care" means health care treatment,\nincluding interdisciplinary end-of-life care, and consultation with\npatients and family members, to prevent or relieve pain and suffering\nand to enhance the patient's quality of life, including hospice care\nunder article forty of this chapter.\n (b) "Appropriate" has the same meaning as paragraph (a) of subdivision\none of section twenty-nine hundred ninety-seven-c of this title.\n 2. General hospitals, nursing homes, organizations licensed or\ncertified pursuant to article thirty-six of this chapter, and\norganizations licensed as special needs assisted living residences or\nenhanced assisted living residences pursuant to article forty-six-B of\nthis chapter shall establish policies and procedures to provide patients\nwith advanced life limiting conditions and illnesses who might benefit\nfrom palliative care, including associated pain management, services\nwith access to information and counseling regarding such options\nappropriate to the patient. Policies must include provision for patients\nwho lack capacity to make medical decisions, so that access to such\ninformation and counseling shall be provided to the persons who are\nlegally authorized to make medical decisions on behalf of such patients.\n 3. General hospitals, nursing homes, organizations licensed or\ncertified pursuant to article thirty-six of this chapter, and\norganizations licensed as special needs assisted living residences or\nenhanced assisted living residences pursuant to article forty-six-B of\nthis chapter shall facilitate access to appropriate palliative care\nconsultations and services, including associated pain management\nconsultations and services, including but not limited to referrals\nconsistent with patient needs and preferences. The department shall take\ninto account access and proximity of palliative care services, including\nthe availability of hospice and palliative care board certified\npractitioners and other related workforce staff, geographic factors, and\nfacility size that may impact development of palliative care services.\n