Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Chapter 111 of the
General Laws is hereby amended by striking out
section 57D, as appearing in the 2000 Official Edition,
and
inserting in place thereof the following section:-
Section 57D. The department shall, after a public hearing, promulgate rules
and
regulations for the licensing and conduct of hospice programs. A hospice
program
means palliative and supportive care and other services provided by an
interdisciplinary team under the direction of an identifiable hospice
administration to terminally ill patients with a limited life-expectancy and
their families. Services shall be provided to meet the physical, emotional
and
spiritual needs experienced during the course of their illness, death and
bereavement at home, in the community and in facilities.
These
services shall include, but not be limited to, physician's services, nursing
care provided by or under the supervision of a registered nurse, social
services,
volunteer services and counseling services provided by professional or
volunteer
staff under professional supervision. Hospice is a centrally coordinated
program
ensuring continuity and consistency of home and inpatient care provided
directly through an inpatient facility operating under its hospice license or
through an agreement.
The department shall issue for a term of 2 years and renew for a like term
a
license to maintain a hospice program to any organization it considers
responsible
and suitable to maintain such a program. The department shall issue not more
than 6 licenses under this section to maintain an inpatient hospice program
and shall promulgate regulations to govern the issuance of licenses to such
programs. Hospice program licensees shall be subject to
suspension, revocation
or refusal to renew for cause. The department shall determine the fee and
renewal
of the license.
A hospice program may not operate in the state or use the word "hospice" or
"Hospice Program" without a hospice license issued by the commissioner.
A person not licensed to provide hospice services under this chapter
shall
not use the word "hospice" in a title or description of a facility,
organization,
program, service provider or services or use any words, letters, abbreviations
or insignia indicating or implying that the person holds a license to provide
hospice
services.
SECTION 2.
Two years after the effective date of this act, the
department of public health shall conduct an interim review of the number of
licenses allowed for inpatient hospice programs. After 4 years of the
effective date of this act, the department of public health shall conduct a
final review, and shall expand or contract the number of licenses allowed for
inpatient hospice programs through regulation if appropriate to meet patient
demand.
Approved August 14, 2002.