NY Palliative Care Information Act: Effective on Feb. 9

While Medicare coverage for advance care planning in the annual wellness visit has evaporated, state law mandates for advance care planning are proceeding.  Notably, in August 2010, New York Governor Patterson signed the Palliative Care Information Act. The bill provided that the law would go into effect in 180 days.  The bill (S.4498 A.7617) has been codified at N.Y. Pub. Health 2997-C. Here is the full text of the law:

 Palliative  care patient information. 1. Definitions. As   used in this section, the  following  terms  shall  have  the  following   meanings, unless the context clearly requires otherwise:     (a)  "Appropriate"  means consistent with applicable legal, health and   professional standards; the patient's clinical and other circumstances;   and the patient's reasonably known wishes and beliefs.     (b)  "Attending  health  care practitioner" means a physician or nurse   practitioner who has primary responsibility for the care  and  treatment   of  the  patient.  Where  more  than one physician or nurse practitioner   share that responsibility, each of them has  responsibility under  this   section, unless they agree to assign that responsibility to one of them.     (c)   "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.     (d)  "Terminal  illness or condition" means an illness or condition   which can reasonably be expected  to cause death within six  months,   whether or not treatment is provided.     2. If a patient is diagnosed with a terminal illness or condition, the   patient's  attending health care practitioner shall offer to provide the   patient with information and counseling regarding  palliative  care  and   end-of-life options appropriate  to the patient,  including  but not   limited to: the  range  of  options  appropriate  to  the  patient;  the   prognosis, risks and benefits of the various options; and the patient's   legal rights to comprehensive pain and symptom management at the end  of   life.  The information and counseling may be provided orally or in   writing. Where the patient lacks capacity to reasonably  understand  and   make  informed choices relating to palliative care, the attending health   care practitioner shall provide information and  counseling  under  this   section to a person with authority to make health care decisions for the   patient.  The attending health care practitioner  may  arrange  for   information and counseling under this section to be provided by  another   professionally qualified individual.     3.  Where the attending  health care practitioner is not willing to   provide the patient with information and counseling under this section,   he  or  she shall arrange for another physician or nurse practitioner to   do so, or shall refer or transfer the patient to  another physician  or   nurse practitioner willing to do so.

Source: http://medicalfutility.blogspot.com/2011/01/ny-palliative-care-information-act.html

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