06 HB
1008/AP
House
Bill 1008 (AS PASSED HOUSE AND SENATE)
By:
Representative Carter of the
159th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, the "Georgia Hospice Law," so as to provide that palliative care may
be provided under hospice to patients with advanced and progressive diseases; to
revise certain definitions relating to hospice care; to provide for
construction; to provide for related matters; to provide for a contingent
effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the
"Georgia Hospice Law," is amended by striking Code Section 31-7-172, relating to
definitions, and inserting in lieu thereof the following:
"31-7-172.
As
used in this article, the term:
(1)
'Advanced and
progressive disease' means a serious life-threatening medical condition which is
irreversible and which will continue indefinitely, where there is no reasonable
hope of recovery, but where the
patient́s
medical prognosis is one in which there is a life expectancy of up to two years.
This term does not include terminally ill patients as defined in paragraph (12)
of this Code section.
(2)
'Bereavement services' means the supportive services provided to the family unit
to assist it in coping with the
patient́s
death, including follow-up assessment and assistance through the first year
after death.
(2)(3)
'Department' means the Department of Human Resources.
(4)
'Health care facility' means hospitals; other special care units, including but
not limited to podiatric facilities; skilled nursing facilities; intermediate
care facilities; personal care homes; ambulatory surgical or obstetrical
facilities; health maintenance organizations; home health agencies; and
diagnostic, treatment, or rehabilitation centers.
(3)(5)
'Hospice' means a public agency or private organization or unit of either
providing to persons terminally ill and to their families, regardless of ability
to pay, a centrally administered and autonomous continuum of palliative and
supportive care, directed and coordinated by the hospice care team primarily in
the
patient́s
home but also on an outpatient and short-term inpatient basis and which is
classified as hospice by the department.
In addition,
such public agency or private organization or unit of either may also provide
palliative care to persons with advanced and progressive diseases and to their
families, directed and coordinated by the hospice care team.
(4)(6)
'Hospice care' means both regularly scheduled care and care available on a 24
hour on-call basis, consisting of medical, nursing, social, spiritual,
volunteer, and bereavement services substantially all of which are provided to
the patient and to the
patient́s
family regardless of ability to pay under a written care plan established and
periodically reviewed by the
patient́s
attending physician, by the medical director of the hospice program, and by the
hospice care team.
(5)(7)
'Hospice care team' means an interdisciplinary working unit composed of members
of the various helping professions (who may donate their professional services),
including but not limited to: a physician licensed or authorized to practice in
this state, a registered professional nurse, a social worker, a member of the
clergy or other counselor, and volunteers who provide hospice care.
(6)(8)
'Hospice patient family unit' means the terminally ill person
or person with
an advanced and progressive disease and
his or her family, which may include spouse, children, siblings, parents, and
other relatives with significant personal ties to the patient.
(7)(9)
'License' means a license issued by the department.
(8)(10)
'Palliative care' means those interventions by the hospice care team which are
intended to
alleviate
suffering and to achieve relief from,
reduction of, or elimination of pain and of other physical, emotional, social,
or spiritual symptoms of distress
to achieve the
best quality of life for the patients and their
families.
(9)(11)
'Patient' means a terminally ill individual receiving the hospice continuum of
services, regardless of ability to
pay, and also
means an individual with an advanced and progressive
disease.
(10)(12)
'Terminally ill' means that the individual is experiencing an illness for which
therapeutic intervention directed toward cure of the disease is no longer
appropriate, and the
patient́s
medical prognosis is one in which there is a life expectancy of six months or
less."
SECTION
2.
Said
article is further amended by striking Code Section 31-7-176, relating to
responsibilities of provider of hospice care, and inserting in lieu thereof the
following:
"31-7-176.
(a)
The hospice care program shall coordinate its services with those of the
patient́s
primary or attending physicians, and may contract out for elements of services
rendered to the patient and family unit, but not for the basic hospice care
services, provided by physicians, attending nurses, and counselors. The hospice
care team shall be responsible for coordination of inpatient, outpatient, and
home care aspects of care.
(b)
Hospice services must meet all applicable definitions provided for in Code
Section 31-7-172.
(c)
A hospice program of care shall not impose the dictates of any value or belief
system on its patients and their family units.
(d)(1)
Notwithstanding any inconsistent provision of this article to the contrary, a
hospice may, in addition to providing care to terminally ill individuals, also
provide palliative care for patients with advanced and progressive diseases and
for their families. Such care may be provided by a hospice acting alone or
under contract with a health care facility.
(2)
Nothing in this subsection shall prevent the provision of palliative care for
patients with advanced and progressive diseases and for their families by any
other health care provider otherwise authorized to provide such
care."
SECTION
2A.
This
Act shall become effective only if funds are specifically appropriated for
purposes of this Act in an appropriations Act making specific reference to this
Act and shall become effective when funds so appropriated become available for
expenditure.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.