Sec. LL-1. 24 MRSA §2317-B, sub-§12-A is enacted to read:
12-A. Title 24-A, sections 2759 and 2847-J. Hospice care, palliative care and end-of-life care, Title 24-A, sections 2759 and 2847-J;
Sec. LL-2. 24-A MRSA §2759 is enacted to read:
§2759. Coverage for hospice care services
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Hospice care services" means services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. "Hospice care services" includes, but is not limited to, physician services; nursing care; respite care; medical and social work services; counseling services; nutritional counseling; pain and symptom management; medical supplies and durable medical equipment; occupational, physical or speech therapies; volunteer services; home health care services; and bereavement services.
B. "Person who is terminally ill" means a person that has a medical prognosis that the person's life expectancy is 12 months or less if the illness runs its normal course.
2. Coverage for hospice care services. All individual health policies must provide coverage for hospice care services to a person who is terminally ill. Hospice care services must be provided according to a written care delivery plan developed by a hospice care provider and the recipient of hospice care services. Coverage for hospice care services must be provided whether the services are provided in a home setting or an inpatient setting.
Sec. LL-3. 24-A MRSA §2847-J is enacted to read:
§2847-J. Coverage for hospice care services
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Hospice care services" means services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. "Hospice care services" includes, but is not limited to, physician services; nursing care; respite care; medical and social work services; counseling services; nutritional counseling; pain and symptom management; medical supplies and durable medical equipment; occupational, physical or speech therapies; volunteer services; home health care services; and bereavement services.
B. "Person who is terminally ill" means a person that has a medical prognosis that the person's life expectancy is 12 months or less if the illness runs its normal course.
2. Coverage for hospice care services. All group insurance policies and contracts must provide coverage for hospice care services to a person who is terminally ill. Hospice care services must be provided according to a written care delivery plan developed by a hospice care provider and the recipient of hospice care services. Coverage for hospice care services must be provided whether the services are provided in a home setting or an inpatient setting.
Sec. LL-4. 24-A MRSA §4249 is enacted to read:
§4249. Coverage for hospice care services
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Hospice care services" means services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. "Hospice care services" includes, but is not limited to, physician services; nursing care; respite care; medical and social work services; counseling services; nutritional counseling; pain and symptom management; medical supplies and durable medical equipment; occupational, physical or speech therapies; volunteer services; home health care services; and bereavement services.
B. "Person who is terminally ill" means a person that has a medical prognosis that the person's life expectancy is 12 months or less if the illness runs its normal course.
2. Coverage for hospice care services. All health maintenance organization individual and group health contracts must provide coverage for hospice care services to a person who is terminally ill. Hospice care services must be provided according to a written care delivery plan developed by a hospice care provider and the recipient of hospice care services. Coverage for hospice care services must be provided whether the services are provided in a home setting or an inpatient setting.
Sec. LL-5. Application. The requirements of this Part apply to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State on or after January 1, 2002. For purposes of this Part, all contracts are deemed to be renewed no later than the next yearly anniversary of the contract date.
Sec. LL-6. Exemption from review. Notwithstanding the Maine Revised Statutes, Title 24-A, section 2752, this Part is enacted without review and evaluation by the Bureau of Insurance within the Department of Professional and Financial Regulation.
Sec. LL-7. Maine Center for End-of-life Care. The Department of Human Services, Bureau of Health may establish, through contract or otherwise, the Maine Center for End-of-life Care. The purpose of the center is to educate health care providers and the public regarding pain management and palliative and end-of-life care. The center must maintain a registry of health professionals trained in pain management and palliative and end-of-life care. The bureau shall solicit and accept outside funding through grants and other sources to establish and operate the center, which must be hosted by an educational institution, professional association or other entity interested in the care of the terminally ill. By January 15th each year the bureau shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the operation of the center and its funding.
Sec. LL-8. Professional education. The Department of Professional and Financial Regulation, Office of Licensing and Registration shall provide a report on current professional entry-level and continuing educational requirements related to end-of-life care for the following licensed professions: counselors, social workers, psychologists, allopathic medicine, osteopathic medicine, nursing, funeral directors, acupuncturists and naturopathy. For the purposes of this report, "end-of-life care" includes palliative care, hospice, pain management, advanced health care directives, appointment of health care decision surrogates and do-not-resuscitate orders. The office shall request the licensing boards for the professions listed in this section to provide a statement assessing how current entry-level and continuing education requirements address end-of-life care issues. The office shall submit these statements in the form of a report to the Joint Standing Committee on Health and Human Services by January 15, 2002.
Sec. LL-9. Baseline data and standardized assessment tools. The Maine Health Data Organization, referred to in this section as the "organization," established in the Maine Revised Statutes, Title 22, chapter 1683, shall direct an effort to gather baseline data and standardized assessment tools regarding end-of-life care within the organization's present database. This data may include information regarding end-of-life care, palliative care, pain and symptom management and quality indicators for the care of terminally ill persons.
Sec. LL-10. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Part.
2001-02
HUMAN SERVICES, DEPARTMENT OF
Bureau of Health
All Other $500
Allocates funds to establish the Maine Center for End-of-life Care through outside grants and other sources of funds.
DEPARTMENT OF HUMAN SERVICES __________
TOTAL $500
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Office of Licensing and Registration
All Other $7,400
Allocates funds for the per diem, travel, advertising and other costs associated with conducting a study of end-of-life related educational requirements for professionals working in end-of-life care.
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION ____________
TOTAL $7,400____________
TOTAL ALLOCATIONS $7,900
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 4, 2001.
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