NY Pub Health L § 2807-N (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2807-N - Palliative Care Education and Training.

§  2807-n. Palliative care education and training. 1. Definitions. The following words or phrases as  used  in  this  section  shall  have  the following meanings:  (a)  "Palliative  care"  shall  mean (i) the active, interdisciplinary care of patients with  advanced,  life  limiting  illness,  focusing  on relief  of  distressing  physical  and psychosocial symptoms and meeting spiritual needs. Its goal is achievement of the best quality of life for patients and families as defined by paragraph (b) of subdivision two  of section  four  thousand twelve-b of this chapter; and (ii) it shall also include similar care for patients with chronic or acute pain.  (b) "Palliative care certified medical school" shall  mean  a  medical school  in the state which is an institution granting a degree of doctor of medicine  or  doctor  of  osteopathic  medicine  in  accordance  with regulations  by  the  commissioner of education under subdivision two of section sixty-five hundred twenty-four of the education law,  and  which meets   standards   defined   by   the  commissioner  of  health,  after consultation with the council, pursuant  to  regulations,  and  used  to determine  whether  a  medical school is eligible for funding under this section.  (c)  "Palliative  care  certified  residency  program"  shall  mean  a graduate  medical  education  program  in  the  state which has received accreditation  from  a  nationally  recognized  accreditation  body  for medical  or  osteopathic  residency  programs, and which meets standards defined by  the  commissioner,  after  consultation  with  the  council, pursuant  to  regulations,  and  used  to  determine whether a residency training program is eligible for funding under this section.  (d) "New York state palliative care education and training council" or "council" shall mean the New York state palliative  care  education  and training  council  established  pursuant  to  subdivision  six  of  this section.   2. Grants for undergraduate medical education in palliative care.  (a) The  commissioner  is  authorized,  within amounts appropriated for such purpose to make grants to palliative care certified medical  schools  to enhance  the  study  of  palliative care, increase the opportunities for undergraduate medical education in palliative  care  and  encourage  the education of physicians in palliative care.  (b)  Grant  proceeds  under  this  subdivision may be used for faculty development in palliative care; recruitment of faculty with expertise in palliative  care;  costs   incurred   teaching   medical   students   at hospital-based   sites,  non-hospital-based  ambulatory  care  settings, palliative  care  sites,  hospices,  certified  home  health   agencies, licensed long term home health care programs and AIDS home care programs including,   but   not   limited   to,   personnel,  administration  and student-related expenses; expansion  or  development  of  programs  that train  physicians  in  palliative  care;  and  other innovative programs designed to increase the  competency  of  medical  students  to  provide hospice or palliative care.  (c) Grants under this subdivision shall be awarded by the commissioner through  a  competitive  application process to the council. The council shall make recommendations for funding to the  commissioner.  In  making awards, consideration shall be given to applicants who:  (i)  plan to incorporate palliative care longitudinally throughout the medical  school  curriculum  according  to   professionally   recognized standards  including,  but  not limited to, a plan that covers the seven domains identified in the Palliative Education Assessment Tool (PEAT) as developed by the New York Academy of Medicine and the Associated Medical Schools of New York State and Weill Cornell Medical College;  (ii) function in collaboration  with  hospital-based  palliative  care programs and non-hospital-based sites; and  (iii) make complementary efforts to recruit or train qualified faculty in palliative care education.  (d)  The  intent  of  this  subdivision  is  to  augment  or  increase palliative care undergraduate medical education. Grant funding shall not be used to offset existing expenditures  that  the  medical  school  has obligated or intends to obligate for palliative care education programs.   3.  Grants  for graduate medical education in palliative care. (a) The commissioner is authorized, within amounts appropriated for such purpose to make  grants  in  support  of  palliative  care  certified  residency education  programs  to establish or expand education in palliative care for graduate medical education, and to increase  the  opportunities  for trainee  education  in palliative care in hospital-based palliative care programs or non-hospital-based care sites.  (b) Grants under this subdivision for graduate medical  education  and education  in  palliative  care  may be used for administration, faculty recruitment and development, start-up costs and costs incurred  teaching palliative   care   in   hospital-based   palliative  care  programs  or non-hospital-based care sites, including, but not limited to, personnel, administration and trainee related expenses and  other  expenses  judged reasonable and necessary by the commissioner.  (c) Grants under this subdivision shall be awarded by the commissioner through  a  competitive  application process to the council. The council shall make recommendations for funding to the  commissioner.  In  making awards,  the  commissioner  shall  consider  the  extent  to  which  the applicant:  (i) plans to incorporate palliative care longitudinally throughout the residency  training  program  according  to  professionally   recognized standards  including,  but  not limited to, a plan that covers the seven domains identified in the Palliative Education Assessment Tool (PEAT) as developed by the New York Academy of Medicine and the Associated Medical Schools of New York State and Weill Cornell Medical College;  (ii) functions in collaboration with  hospital-based  palliative  care programs or non-hospital-based sites, or both; and  (iii)  makes  complementary  efforts  to  recruit  or  train qualified faculty in palliative care education.  (d) The intent of this subdivision is to augment or increase  training in  palliative care during residency. Grant funding shall not be used to offset existing expenditures the institution or program has obligated or intends to obligate for such training programs.   4. Centers for palliative  care  excellence.  The  commissioner  shall designate  organizations  licensed  pursuant to this article and article forty of this chapter,  upon  successful  application,  as  centers  for palliative  care  excellence.  Such designations shall be pursuant to an application as  designed  by  the  department,  and  based  on  service, staffing and other criteria as developed by the council. Such centers of excellence   shall   provide  specialized  palliative  care,  treatment, education and related services. Designation as a center  for  palliative care  excellence  shall  not entitle a center to enhanced reimbursement, but may be utilized in outreach and other promotional activities.   5. Palliative care practitioner resource centers. The commissioner, in consultation  with  the   council,   may   designate   palliative   care practitioner  resource  centers (a "resource center"). A resource center may be statewide or regional, and shall act as  a  source  of  technical information and guidance for practitioners on the latest palliative care strategies,  therapies  and medications. The department, in consultation with the council, may  contract  with  not-for-profit  organizations  or  associations to establish and manage resource centers. A resource center may charge a fee to defray the cost of the service.   6. New York state palliative care education and training council.  (a) The  New  York  state  palliative care education and training council is established in the department as an expert panel in palliative medicine, education  and  training.  Its  members  shall  be  appointed   by   the commissioner.   The   commissioner   shall   seek   recommendations  for appointments to such council  from  New  York  state-based  health  care professional,  consumer,  medical  institutional and medical educational leaders. Members of the council shall include: nine  representatives  of medical  schools  and  hospital  organizations;  two  representatives of medical academies; two patient advocates; individual representatives  of an organization broadly representative of physicians, internal medicine, family  physicians, nursing, social work, hospice, home care, neurology, psychiatry, pediatrics, obstetrics-gynecology, surgery, and the hospital philanthropic community; and the executive director or a member  of  the governor's  taskforce  on  life  and  the  law and of the New York state council on graduate medical education. Members shall have  expertise  in palliative  care or pain management. Members shall serve a term of three years with renewable terms. Members shall receive  no  compensation  for their  services,  but  shall be allowed actual and necessary expenses in the performance of their duties.  (b) A chairperson and vice-chairperson of the council shall be elected annually by the council. The council shall meet upon  the  call  of  the chairperson, and may adopt bylaws consistent with this section.  (c)  The commissioner shall designate such employees and provide other resources of the department  as  are  reasonably  necessary  to  provide support services to the council. The council, acting by the chair of the council,  may  employ  additional  staff and consultants and incur other expenses to carry out its duties, to be paid from amounts which  may  be made available to the council for that purpose.  (d)  The  council  may  provide technical information and guidance for practitioners on the latest palliative care  strategies,  therapies  and medications.   7.  Reports.  The commissioner, in conjunction with the council, shall prepare and submit a report to the governor and the legislature,  on  or before  February  first,  two  thousand  ten  reporting  the results and evaluating the effectiveness of this section.