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       Florida Senate - 2010                                    SB 2366
       By Senator Thrasher
       8-01679A-10                                           20102366__
    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.;
    5         authorizing a licensed hospice to provide care to a
    6         person who has a life-limiting illness but who is not
    7         admitted to a hospice program; providing for such
    8         services to include the person’s family; clarifying
    9         that the act does not prohibit the provision of
   10         palliative care by other authorized providers or
   11         facilities; providing that the act does not mandate or
   12         prescribe additional Medicaid coverage; providing an
   13         effective date.
   15         WHEREAS, Senator Jim King supported Florida’s model for
   16  high-quality hospice care as an outstanding form of
   17  compassionate care and will be remembered as one of the greatest
   18  advocates for hospice care throughout his career in the Florida
   19  Legislature, and
   20         WHEREAS, Senator Jim King proudly sponsored Florida’s Death
   21  With Dignity Act that provides for the protection of human life
   22  by ensuring that every competent adult has the fundamental right
   23  of self-determination regarding decisions pertaining to his or
   24  her own health, and
   25         WHEREAS, one of Senator Jim King’s final wishes was to
   26  ensure that an individual’s fundamental right to self
   27  determination would allow palliative care to be extended for the
   28  benefit of persons who have life-limiting illnesses, who are not
   29  in need of hospice care, but who do need compassionate
   30  palliative care that is delivered by persons having expertise in
   31  hospice care, NOW, THEREFORE,
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Section 400.601, Florida Statutes, is amended to
   36  read:
   37         400.601 Definitions.—As used in this part, the term:
   38         (1) “Agency” means the Agency for Health Care
   39  Administration.
   40         (2) “Department” means the Department of Elderly Affairs.
   41         (3) “Hospice” means a centrally administered corporation
   42  providing a continuum of palliative and supportive care for the
   43  terminally ill patient and his or her family.
   44         (4) “Hospice care team” means an interdisciplinary team of
   45  qualified professionals and volunteers who, in consultation with
   46  the patient, the patient’s family, and the patient’s primary or
   47  attending physician, collectively assess, coordinate, and
   48  provide the appropriate palliative and supportive care to
   49  hospice patients and their families.
   50         (5) “Hospice program” means a program offered by a hospice
   51  which provides a continuum of palliative and supportive care for
   52  the terminally ill person and his or her family.
   53         (6)(5) “Hospice residential unit” means a homelike living
   54  facility, other than a facility licensed under other parts of
   55  this chapter, under chapter 395, or under chapter 429, that is
   56  operated by a hospice for the benefit of its patients and is
   57  considered by a patient who lives there to be his or her primary
   58  residence.
   59         (7)(6) “Hospice services” means items and services
   60  furnished to a patient and family by a hospice, or by others
   61  under arrangements with such a program, in a place of temporary
   62  or permanent residence used as the patient’s home for the
   63  purpose of maintaining the patient at home; or, if the patient
   64  needs short-term institutionalization, the services shall be
   65  furnished in cooperation with those contracted institutions or
   66  in the hospice inpatient facility.
   67         (8) “Life-limiting illness” means a medical diagnosis of a
   68  disease or condition that is considered progressive,
   69  debilitating, late stage, and not curable and that may be
   70  effectively controlled or managed through palliative care.
   71         (9)(7) “Palliative care” means services or interventions
   72  which are not curative but are provided for the reduction or
   73  abatement of pain and human suffering.
   74         (10)(8) “Patient” means the terminally ill individual
   75  receiving hospice services.
   76         (11)(9) “Plan of care” means a written assessment by the
   77  hospice of each patient’s and family’s needs and preferences,
   78  and the services to be provided by the hospice to meet those
   79  needs.
   80         (12)(10) “Terminally ill” means that the patient has a
   81  medical prognosis that his or her life expectancy is 1 year or
   82  less if the illness runs its normal course.
   83         Section 2. Section 400.6093, Florida Statutes, is created
   84  to read:
   85         400.6093 Palliative care.—Notwithstanding any other
   86  provision of law, a hospice may provide palliative care to a
   87  person who has a life-limiting illness, and who is not admitted
   88  to a hospice program, and to the person’s family. Palliative
   89  care may be provided directly to the person and to the person’s
   90  family by the hospice or by others under arrangement with the
   91  hospice. This section does not preclude the provision of
   92  palliative care by any other health care provider or health care
   93  facility that is otherwise authorized to provide such services.
   94  This section does not mandate or prescribe additional Medicaid
   95  coverage.
   96         Section 3. This act shall take effect July 1, 2010.

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