Section 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, hospice, 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.