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A08472 Summary:

BILL NOA08472
 
SAME ASSAME AS S09387
 
SPONSORGottfried
 
COSPNSRPaulin, Simon, Seawright, Hevesi, Gonzalez-Rojas, Englebright, Galef, Kelles, Cahill, Sayegh, Otis
 
MLTSPNSR
 
Amd §4004, Pub Health L
 
Prohibits the establishment of new for-profit hospices or increasing the capacity of existing for-profit hospices.
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A08472 Actions:

BILL NOA08472
 
11/17/2021referred to health
01/05/2022referred to health
02/01/2022reported
02/03/2022advanced to third reading cal.366
05/04/2022passed assembly
05/04/2022delivered to senate
05/04/2022REFERRED TO HEALTH
06/01/2022SUBSTITUTED FOR S9387
06/01/20223RD READING CAL.1842
06/01/2022PASSED SENATE
06/01/2022RETURNED TO ASSEMBLY
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A08472 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8472
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to the establishment, incorporation, construction, or increase in capacity of for-profit hospice   PURPOSE OR GENERAL IDEA OF BILL: To prohibit future establishment or increased capacity of for-profit hospice.   SUMMARY OF SPECIFIC PROVISIONS: The bill amends Public Health Law § 4004 (3) to prohibit the Public Health and Health Planning Council of the Department of Health from approving new applications for establishment, construction or increased capacity by for-profit hospice entities. Existing for profit hospice will remain approved but may not expand capacity.   JUSTIFICATION: A recent article in the Journal of the American Medical Association* found that "for-profit compared with nonprofit hospices provide narrower ranges of services to patients, use less skilled clinical staff, care for patients with lower-skilled needs over longer enrollment periods, have higher rates of complaint allegations and deficiencies, and provide fewer community benefits, including training, research, and charity care. For-profit hospices are more likely than nonprofit hospices to discharge patients prior to death, to discharge patients with dementia, and to have higher rates of hospital and emergency department use." For-profit organizations have a duty to their owners to generate as much profit as possible and distribute net income to the owners. Their obli- gations to the people they ostensibly serve are secondary. This is especially troubling in the case of hospice. The mission of hospice, providing compassionate end-of-life care, should not be subservient to providing profit to investors. New York is uniquely situated to prevent the deterioration of end-of- life care described above, as currently only two of 41 hospice in New York are for-profit, compared to a national average of two-thirds as of 2017. Now is the time to place the care and safety of persons who are dying first and foremost over profit. * Hospice Tax Status and Ownership Matters for Patients and Families JAMA Internal Medicine, August 1, 2021 By Melissa D. Aldridge.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately
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A08472 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8472
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 17, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED, PAULIN, SIMON, SEAWRIGHT, HEVESI,
          GONZALEZ-ROJAS, ENGLEBRIGHT, GALEF -- read once and  referred  to  the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to the establishment,
          incorporation,  construction,  or  increase  in capacity of for-profit
          hospice

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 3 of section 4004 of the public health law is
     2  amended by adding a new paragraph (a-1) to read as follows:
     3    (a-1) No hospice shall be approved for establishment, incorporation or
     4  construction if it is to be operated on a for-profit basis or by a  for-
     5  profit  entity,  in  whole  or in part. No increase in capacity shall be
     6  approved for any existing hospice that is operated on a for-profit basis
     7  or by a for-profit entity, in whole or in part. This  paragraph  applies
     8  to any approval on or after the date on which it takes effect.
     9    § 2. This act shall take effect immediately.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13324-01-1
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