New York State Assembly

 
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A07775 Summary:

A07775 Actions:

A07775 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:05/23/2017AYE/NAY:23/0  Action: Favorable         
Gottfried
Aye
Raia
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Ra
Aye
Dinowitz
Aye
Walter
Aye
Cahill
Aye
Garbarino
Aye
Paulin
Aye
Byrne
Aye
Cymbrowitz
Aye
Norris
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Excused
Lavine
Aye
Titone
Aye
Mayer
Aye
Jaffee
Aye
Steck
Excused
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Excused

A07775 Floor Votes:

A07775 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7775A
 
SPONSOR: Gottfried

 
TITLE OF BILL:  An act to amend the public health law, in relation to
the authorized capacity of hospice residences of dually certified
hospice inpatient beds
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To expand the percentage, from 25% to 50%, of how many beds in a hospice
residence can be used for in-patient pain control or symptom management
that would otherwise require hospitalization.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
The bill would amend Public Health Law § 4002 to double the percentage
of beds in hospice residences that can be dually certified as both
hospice and in-patient beds to 50% of the total beds.
 
 
JUSTIFICATION:
 
Hospice residences are currently limited in the percentage of beds that
can be dually certified for either residential level of care or inpa-
tient level of care. Swing beds, as they are called, provide the oppor-
tunity to offer a higher level of care to patients and avoid hospitali-
zation. These beds must be built to construction standards for inpatient
level of care, and comply with Federal regulations ranging from nurse
staffing to the dispensing of drugs.
 
The current cap on 25% swing beds is disruptive to terminally ill
patients served by the hospice residence. If temporarily hospitalized,
patients are forced to await readmission to the hospice, often in a
nursing home, if a residential bed is unavailable. If forced into a
nursing home with which the hospice does not have a contract, a serious
gap in the continuum of care can significantly disrupt the established
Hospice plan of care.
 
Doubling the capacity to 50% would also allow terminally ill patients in
hospitals to be transferred to hospice residences sooner. For hospice
patients residing in the community who require advanced pain control or
symptom management and are struggling to be maintained comfortably at
home, it would better avoid unnecessary re-hospitalization and expedite
safe and effective care.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None to the state.
 
 
EFFECTIVE DATE:
Immediately.

A07775 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7775--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        Introduced  by  M. of A. GOTTFRIED, LUPARDO -- read once and referred to
          the Committee on Health -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in  relation  to  the  authorized
          capacity  of  hospice residences of dually certified hospice inpatient
          beds

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 2-b of section 4002 of the public health law,
     2  as amended by chapter 512 of the laws of 2013, is  amended  to  read  as
     3  follows:
     4    2-b.  "Hospice residence" means a hospice operated home which is resi-
     5  dential in character and physical structure and operated for the purpose
     6  of providing more than two hospice patients but not  more  than  sixteen
     7  hospice  patients  with hospice care, which may include dually certified
     8  hospice in-patient beds up to twenty-five percent of the  hospice  resi-
     9  dence's  patient  capacity,  or up to fifty percent of the hospice resi-
    10  dence's patient capacity with the commissioner's approval.
    11    § 2. This act shall take effect immediately.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11444-03-7

A07775 Chamber Video/Transcript: