| 1 | A bill to be entitled |
| 2 | An act relating to hospice care; amending s. 400.601, |
| 3 | F.S.; defining the terms "hospice program" and "life- |
| 4 | limiting illness"; creating s. 400.6093, F.S.; authorizing |
| 5 | a licensed hospice to provide care to a person who has a |
| 6 | life-limiting illness but who is not admitted to a hospice |
| 7 | program; providing for such services to include the |
| 8 | person's family; clarifying that the act does not prohibit |
| 9 | the provision of palliative care by other authorized |
| 10 | providers or facilities; providing that the act does not |
| 11 | mandate or prescribe additional Medicaid coverage; |
| 12 | providing an effective date. |
| 13 |
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| 14 | WHEREAS, Senator Jim King supported Florida's model for |
| 15 | high-quality hospice care as an outstanding form of |
| 16 | compassionate care and will be remembered as one of the greatest |
| 17 | advocates for hospice care throughout his career in the Florida |
| 18 | Legislature, and |
| 19 | WHEREAS, Senator Jim King proudly sponsored Florida's Death |
| 20 | With Dignity Act that provides for the protection of human life |
| 21 | by ensuring that every competent adult has the fundamental right |
| 22 | of self-determination regarding decisions pertaining to his or |
| 23 | her own health, and |
| 24 | WHEREAS, one of Senator Jim King's final wishes was to |
| 25 | ensure that an individual's fundamental right to self- |
| 26 | determination would allow palliative care to be extended for the |
| 27 | benefit of persons who have life-limiting illnesses, who are not |
| 28 | in need of hospice care, but who do need compassionate |
| 29 | palliative care that is delivered by persons having expertise in |
| 30 | hospice care, NOW, THEREFORE, |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Section 400.601, Florida Statutes, is amended |
| 35 | to read: |
| 36 | 400.601 Definitions.-As used in this part, the term: |
| 37 | (1) "Agency" means the Agency for Health Care |
| 38 | Administration. |
| 39 | (2) "Department" means the Department of Elderly Affairs. |
| 40 | (3) "Hospice" means a centrally administered corporation |
| 41 | providing a continuum of palliative and supportive care for the |
| 42 | terminally ill patient and his or her family. |
| 43 | (4) "Hospice care team" means an interdisciplinary team of |
| 44 | qualified professionals and volunteers who, in consultation with |
| 45 | the patient, the patient's family, and the patient's primary or |
| 46 | attending physician, collectively assess, coordinate, and |
| 47 | provide the appropriate palliative and supportive care to |
| 48 | hospice patients and their families. |
| 49 | (5) "Hospice program" means a program offered by a hospice |
| 50 | which provides a continuum of palliative and supportive care for |
| 51 | the terminally ill person and his or her family. |
| 52 | (6)(5) "Hospice residential unit" means a homelike living |
| 53 | facility, other than a facility licensed under other parts of |
| 54 | this chapter, under chapter 395, or under chapter 429, that is |
| 55 | operated by a hospice for the benefit of its patients and is |
| 56 | considered by a patient who lives there to be his or her primary |
| 57 | residence. |
| 58 | (7)(6) "Hospice services" means items and services |
| 59 | furnished to a patient and family by a hospice, or by others |
| 60 | under arrangements with such a program, in a place of temporary |
| 61 | or permanent residence used as the patient's home for the |
| 62 | purpose of maintaining the patient at home; or, if the patient |
| 63 | needs short-term institutionalization, the services shall be |
| 64 | furnished in cooperation with those contracted institutions or |
| 65 | in the hospice inpatient facility. |
| 66 | (8) "Life-limiting illness" means a medical diagnosis of a |
| 67 | disease or condition that is considered progressive, |
| 68 | debilitating, late stage, and not curable and that may be |
| 69 | effectively controlled or managed through palliative care. |
| 70 | (9)(7) "Palliative care" means services or interventions |
| 71 | which are not curative but are provided for the reduction or |
| 72 | abatement of pain and human suffering. |
| 73 | (10)(8) "Patient" means the terminally ill individual |
| 74 | receiving hospice services. |
| 75 | (11)(9) "Plan of care" means a written assessment by the |
| 76 | hospice of each patient's and family's needs and preferences, |
| 77 | and the services to be provided by the hospice to meet those |
| 78 | needs. |
| 79 | (12)(10) "Terminally ill" means that the patient has a |
| 80 | medical prognosis that his or her life expectancy is 1 year or |
| 81 | less if the illness runs its normal course. |
| 82 | Section 2. Section 400.6093, Florida Statutes, is created |
| 83 | to read: |
| 84 | 400.6093 Palliative care.-Notwithstanding any other |
| 85 | provision of law, a hospice may provide palliative care to a |
| 86 | person who has a life-limiting illness, and who is not admitted |
| 87 | to a hospice program, and to the person's family. Palliative |
| 88 | care may be provided directly to the person and to the person's |
| 89 | family by the hospice or by others under arrangement with the |
| 90 | hospice. This section does not preclude the provision of |
| 91 | palliative care by any other health care provider or health care |
| 92 | facility that is otherwise authorized to provide such services. |
| 93 | This section does not mandate or prescribe additional Medicaid |
| 94 | coverage. |
| 95 | Section 3. This act shall take effect July 1, 2010. |