House Bill 1136

AN ACT TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ESTABLISH A STATE PALLIATIVE CARE AND QUALITY OF LIFE INTERDISCIPLINARY ADVISORY COUNCIL WITHIN THE DEPARTMENT; TO PROVIDE THAT THE STATE HEALTH OFFICER SHALL APPOINT THE MEMBERS OF THE ADVISORY COUNCIL; TO PROVIDE THAT THE ADVISORY COUNCIL SHALL CONSULT WITH AND ADVISE THE DEPARTMENT ON MATTERS RELATED TO THE ESTABLISHMENT, MAINTENANCE, OPERATION AND OUTCOMES EVALUATION OF PALLIATIVE CARE INITIATIVES IN THE STATE; TO CREATE A STATEWIDE PALLIATIVE CARE CONSUMER AND PROFESSIONAL INFORMATION AND EDUCATION PROGRAM IN THE DEPARTMENT, TO MAXIMIZE THE EFFECTIVENESS OF PALLIATIVE CARE INITIATIVES IN THE STATE BY ENSURING THAT COMPREHENSIVE AND ACCURATE INFORMATION AND EDUCATION ABOUT PALLIATIVE CARE IS AVAILABLE TO THE PUBLIC, HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES; TO PROVIDE THAT ON OR BEFORE JULY 1, 2018, ALL HEALTH CARE FACILITIES THAT REQUIRE A LICENSE FROM THE DEPARTMENT TO OPERATE SHALL ESTABLISH A SYSTEM FOR IDENTIFYING PATIENTS OR RESIDENTS WHO COULD BENEFIT FROM PALLIATIVE CARE, AND BEGIN PROVIDING INFORMATION ABOUT AND FACILITATE ACCESS TO APPROPRIATE PALLIATIVE CARE SERVICES FOR PATIENTS OR RESIDENTS WITH SERIOUS ILLNESS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Not later than ninety (90) days after the effective date of this section, the State Department of Health shall establish a State Palliative Care and Quality of Life Interdisciplinary Advisory Council within the department.

(2) The State Health Officer shall appoint the members of the advisory council, and members shall include interdisciplinary palliative care medical, nursing, social work, pharmacy and spiritual professional expertise; patient and family caregiver advocate representation; and any other relevant appointees that the State Health Officer determines to be appropriate. Membership shall specifically include health professionals having palliative care work experience and/or expertise in palliative care delivery models in a variety of inpatient, outpatient and community settings (e.g., acute-care, long term care and hospice) and with a variety of populations, including pediatric, youth and adults. At least two (2) council members must be board-certified hospice and palliative medicine physicians and/or nurses. Advisory council members shall serve at the pleasure of the State Health Officer.

(3) The advisory council members shall elect a chair and vice chair from among their membership, whose duties shall be established by the council. The department shall fix a time and place for regular meetings of the advisory council, which shall meet at least twice yearly.

(4) Advisory council members shall receive no compensation for their services, but shall be allowed actual and necessary expenses in the performance of their duties, as provided in Section 25-3-41.

(5) The advisory council shall consult with and advise the department on matters related to the establishment, maintenance, operation and outcomes evaluation of palliative care initiatives in the state.

SECTION 2. (1) There is created a statewide Palliative Care Consumer and Professional Information and Education Program in the State Department of Health.

(2) The purpose of the program is to maximize the effectiveness of palliative care initiatives in the state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers and health care facilities.

(3) The department shall publish on its website information and resources, including links to external resources, about palliative care for the public, health care providers and health care facilities. This shall include, but not be limited to, continuing educational opportunities for health care providers; information about palliative care delivery in the home, primary, secondary and tertiary environments; best practices for palliative care delivery; and consumer educational materials and referral information for palliative care, including hospice.

(4) The department may develop and implement any other initiatives regarding palliative care services and education that the department determines would further the purposes of this section.

(5) The department shall consult with the advisory council established in Section 1 of this act in implementing this section.

SECTION 3. (1) As used in this section, the following terms shall be defined as provided in this subsection:

(a) "Appropriate" means consistent with applicable legal, health and professional standards; the patient's clinical and other circumstances; and the patient's reasonably known wishes and beliefs.

(b) "Medical care" means services provided, requested or supervised by a physician or advanced practice nurse.

(c) "Palliative care" means patient- and family‐centered medical care that optimizes quality of life by anticipating, preventing and treating suffering caused by serious illness. Palliative care throughout the continuum of illness involves addressing physical, emotional, social and spiritual needs and facilitating patient autonomy, access to information and choice. Palliative care includes, but is not limited to, discussions of the patient's goals for treatment; discussion of treatment options appropriate to the patient, including, where appropriate, hospice care; and comprehensive pain and symptom management.

(d) "Serious illness" means any medical illness or physical injury or condition that substantially impacts quality of life for more than a short period of time. Serious illness includes, but is not limited to, cancer; heart, renal or liver failure; lung disease; and Alzheimer's disease and related dementias.

(2) On or before July 1, 2018, all health care facilities that require a license from the department to operate shall:

(a) Establish a system for identifying patients or residents who could benefit from palliative care; and

(b) Begin providing information about and facilitate access to appropriate palliative care services for patients or residents with serious illness.

SECTION 4. This act shall take effect and be in force from and after July 1, 2017.