Literature Review
All posts tagged with “Public Policy News | Laws / Legal.”
Palliative care legislation exploding at state level, but policy gaps remain, study reveals
10/31/25 at 03:00 AMPalliative care legislation exploding at state level, but policy gaps remain, study reveals McKnights Home Care: by Adam Healy; 10/27/25 States are becoming increasingly focused on palliative care. Since 2009, the number of palliative care-related bills introduced at the state level has grown at a rapid pace, according to a new study published in JAMA Network Open. ... Of the 819 bills introduced between 2009 and 2023, roughly 30% were eventually passed into law. ... Bills related to palliative care quality and public awareness bills were the most likely to pass, it found. Meanwhile, relatively few bills governing palliative care workforce, clinical skill building and patient rights passed during the study period.
Improving end-of-life care: Making hospice and home support accessible
10/31/25 at 02:00 AMImproving end-of-life care: Making hospice and home support accessible Cure; by Maureen Canavan and Dr. Kerin Adelson; 10/22/25 Maureen Canavan and Dr. Kerin Adelson, healthcare executive, chief quality and value officer, and professor of Breast Medical Oncology at MD Anderson Cancer Center, sat down with us to discuss critical issues in end-of-life care. In this interview, they explore the urgent need for policy and system-level changes to improve access to hospice and supportive home care, highlighting how current reimbursement structures often fail to meet the needs of patients and families at the end of life. Canavan is an epidemiologist at Yale Cancer Outcomes, Public Policy, and Effectiveness Research Center (COPPER) and affiliated faculty at Yale Institute for Global Health.
AHA responds to OSTP request on AI policies for health care
10/29/25 at 03:00 AMAHA responds to OSTP request on AI policies for health care American Hospital Association; by Ashley Thompson, AHA Senior Vice President, Public Policy Analysis and Development; 10/27/25 ... On behalf of our nearly 5,000 member hospitals, health systems and other health care organizations, our clinician partners — including more than 270,000 affiliated physicians, 2 million nurses and other caregivers — and the 43,000 health care leaders who belong to our professional membership groups, the American Hospital Association (AHA) appreciates the opportunity to provide comment on the Office of Science and Technology Policy (OSTP) request for information (RFI) regarding regulatory reform on artificial intelligence (AI). ... [Our] members have urged that policy frameworks strike the appropriate balance of flexibility to enable innovation while ensuring patient safety. The AHA offers four categories of recommendations to maximize the potential for AI to improve care, accelerate innovation and support the health care workforce.
Bridging gaps in palliative care for undocumented immigrants using the social determinants of health framework
10/11/25 at 03:45 AMBridging gaps in palliative care for undocumented immigrants using the social determinants of health frameworkAmerican Journal of Hospice and Palliative Medicine; by Lisa Cross, Rachael Salguero; 9/25Systemic policies and inequities, rather than immigration status itself, create barriers to health. In the United States, an estimated 11 million individuals live without legal authorization, a population that faces profound challenges in accessing equitable care. These barriers pose particular difficulties for palliative care nurses in recognizing and addressing the needs of undocumented immigrants. Identifying nursing interventions in this manner aligns with the overarching goals of the American Nurses Association and reflects the principles of ethical compassionate palliative nursing.
The Family Caregiver Act—Safeguarding the human care chain
10/11/25 at 03:05 AMThe Family Caregiver Act—Safeguarding the human care chainJAMA Pediatrics; by Eli Y. Adashi, I. Glenn Cohen; 9/25On August 9, 2024, Jay Robert Pritzker, governor of Illinois, signed into law House Bill (HB) 2161 (Public Act 103-0797), likely the nation’s leading caregiving antidiscrimination legislation. The new law, which took effect January 1, 2025, prohibits employment discrimination against individuals saddled with family caregiving responsibilities. It is by dint of the enactment of HB 2161 that Illinois became the sixth state or district to legally require some form of this employee protection. Alaska, Delaware, Maine, Minnesota, New York, and Washington, DC, precede it, though some of these limit their protection to parents. Moreover, HB 2161 defines personal care as activities wherein a family member assumes responsibility for one or all of the basic needs of an ailing relative, replete with the provision of emotional support and/or transportation to medical appointments. A covered family member may include a child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or a stepparent.Assistant Editor's note: "The Human Care Chain"--what a wonderfully descriptive title this is to describe the Illinois law. Those words evoke strong images of connectedness, humanness, caring, compassion, dedication, goodness, and love. As end-of-life and serious illness care providers, we understand the tremendous value, comfort and necessity of The Human Care Chain.
State decision-making approaches in seriously ill people with intellectual/developmental disability
10/04/25 at 03:25 AMState decision-making approaches in seriously ill people with intellectual/developmental disabilityJournal of Pain and Symptom Management; by Matthew Castillo, Arlen G. Gaines, Caitlyn M. Moore, Cynthia X. Pan; 8/25Hospice and palliative care (HAPC) clinicians supporting individuals with intellectual and developmental disabilities (IDD) navigate complex decision-making pathways while promoting autonomy and dignity. Approximately 1–3% of the global population lives with IDD, and many healthcare professionals feel ill-prepared to meet their unique needs, particularly in serious illness planning. This manuscript presents the case of Mr. A, an adult with Down syndrome, to illustrate practical ACP [advance care planning] and supported decision-making considerations across Maryland, New York, and Pennsylvania. Each state’s legal requirements for appointing a healthcare agent (HCA), determining capacity, and avoiding guardianship are discussed. Through thoughtful ACP and supported decision-making, HAPC clinicians can promote appropriate autonomy for individuals with IDD, fostering inclusive serious illness discussions and ethical practices across diverse legal landscapes.
70% of Americans oppose Medicare home health cuts, national poll finds
09/05/25 at 03:00 AM70% of Americans oppose Medicare home health cuts, national poll finds National Alliance for Care at Home, Alexandria, VA and Washington, DC; Press Release; 9/4/25A new national poll by Fabrizio Ward, commissioned by the National Alliance for Care at Home (the Alliance), finds that seven in ten Americans oppose the Centers for Medicare & Medicaid Services’ (CMS) 2026 Medicare home health proposed rule, which would slash Medicare home health funding by an additional 9%, or $1.1 billion, next year. These cuts would put lifesaving home health care for millions of Americans at risk, particularly seniors and those with disabilities, while doing nothing to address fraud, waste, and abuse occurring in the home health payment system.
Texas expands medical marijuana access under new law
09/05/25 at 03:00 AMTexas expands medical marijuana access under new law KFOX-14/CBS-4, El Paso, TX; by Harrison Parker; 9/1/25, updated 9/2/25 A new law expanding Texas's Compassionate Use Program took effect today [9/1/25], allowing more residents to access medical marijuana. The expansion, under House Bill 46, now includes individuals with chronic pain, traumatic brain injuries, Crohn's disease, and those in hospice care.
With time running out, advocates mount push for telehealth, hospital-at-home extensions
08/20/25 at 03:00 AMWith time running out, advocates mount push for telehealth, hospital-at-home extensions McKnights Home Care; by Adam Healy; 8/15/25 With the Sept. 30 expiration date approaching for telehealth flexibilities implemented during the COVID-19 pandemic, industry advocates are urging lawmakers to pass a two-year extension. “We have only 48 days to avert a telehealth shutdown on October 1, and we’re relying on continued bipartisan, bicameral support to win the day,” Kyle Zebley, executive director of American Telemedicine Association Action and senior vice president of public policy for the ATA, said Thursday [8/14] in a statement.
IL law calls for annual report on prison hospice, palliative care
08/20/25 at 03:00 AMIL law calls for annual report on prison hospice, palliative care WAND News, Springfield, IL; by Mike Miletich; 8/15/25 Gov. JB Pritzker signed a bill into law Friday to require the Illinois Department of Corrections report data on hospice care available for prisoners. More than 1,000 Illinois prisoners are 65 or older, and a growing number of those people are in need of end-of-life care and support services. The Department of Corrections does not have a formal hospice program, as end-of-life care is provided on a prison by prison basis.
Inmate serving life for murdering Lancaster County woman in 2015 seeks compassionate release
08/11/25 at 03:00 AMInmate serving life for murdering Lancaster County woman in 2015 seeks compassionate release Fox 43, Lancaster County, PA; by Keith Schweigert; 8/8/25 A state prison inmate serving a life sentence for killing a Lancaster County woman after she ended their relationship in 2015 has filed a petition asking for a compassionate release so that he can die at home, according to court records. Randall Shriner, 68, has less than six months left to live due to stage-five kidney disease, according to an emergency petition filed by his attorney on July 30. ... According to the Pennsylvania Institutional Law Project, the statute allows courts to grant a compassionate release under two circumstances:
Hospital decision-making and adoption of health-related social needs programs in US hospitals
07/26/25 at 03:35 AMHospital decision-making and adoption of health-related social needs programs in US hospitalsJAMA Network Open; by Dina Zein, Cory E. Cronin, Neeraj Puro, Berkeley Franz, Elizabeth McNeill, Ji E. Chang; 6/25In response to health disparities in the US, the Centers for Medicare & Medicaid Services (CMS) released a Framework for Health Equity recommending increased hospital commitment and leadership engagement around screening for health-related social needs (HRSNs). This cross-sectional study found that hospitals with multiple layers of management engagement tended to adopt multifaceted strategies that address patients’ social needs, which are critical components of health equity frameworks. Interestingly, hospitals where only senior management was involved were more likely to offer specific programs like food insecurity and transportation services, although these associations were generally smaller compared with when both senior and other management were engaged.
Major health groups push Congress to keep protecting state medical marijuana laws from federal interference
07/18/25 at 03:00 AMMajor health groups push Congress to keep protecting state medical marijuana laws from federal interference Marijuana Moment; by Kyle Jaeger; 7/16/25 A coalition of 45 marijuana advocacy and medical groups—including Americans for Safe Access (ASA), U.S. Pain Foundation, National Multiple Sclerosis Society, Epilepsy Foundation of America and more—are calling on congressional lawmakers to ensure that state medical cannabis programs remain protected under spending legislation that’s advancing. ... The rider that protects state medical cannabis laws from federal interference, meanwhile, has been part of federal law since 2014 but requires renewal on an annual basis as part of appropriations legislation.
20 states sue after the Trump administration releases private Medicaid data to deportation official
07/08/25 at 03:00 AM20 states sue after the Trump administration releases private Medicaid data to deportation officials Associated Press (AP), Washington, DC; by Amanda Seitz and Kimberly Kindy; 7/1/25The Trump administration violated federal privacy laws when it turned over Medicaid data on millions of enrollees to deportation officials last month, California Attorney General Rob Bonta alleged on Tuesday, saying he and 19 other states’ attorneys general have sued over the move. Health secretary Robert F. Kennedy Jr.’s advisers ordered the release of a dataset that includes the private health information of people living in California, Illinois, Washington state, and Washington, D.C., to the Department of Homeland Security, The Associated Press first reported last month. All of those states allow non-U.S. citizens to enroll in Medicaid programs that pay for their expenses using only state taxpayer dollars.
The Alliance champions community-based solutions at Senate palliative care briefing
06/06/25 at 03:00 AMThe Alliance champions community-based solutions at Senate palliative care briefing National Alliance for Care at Home, Alexandria, VA and Washington, DC; Press Release; 6/4/25 The National Alliance for Care at Home (the Alliance) played a lead role in [Wednesday's] Senate Comprehensive Care Caucus briefing, which focused on expanding access to palliative care services for patients with serious illness. The bipartisan event, hosted by Senators Jacky Rosen (D-NV), John Barrasso (R-WY), Tammy Baldwin (D-WI), and Deb Fischer (R-NE), underscored the need for innovative models that deliver person-centered care in the home and community. Hillary Loeffler, Vice President of Policy & Regulatory Affairs for the Alliance, moderated the panel discussion, guiding thoughtful conversation on access, workforce, and innovation in care delivery.
40 years after Karen Ann Quinlan’s death, NJ right-to-die case still stirs strong emotions
06/05/25 at 03:00 AM40 years after Karen Ann Quinlan’s death, NJ right-to-die case still stirs strong emotions New Jersy Herald; by William Westhoven; 6/4/25 ... Today, Americans are free to declare those rights [about dying] in the form of advance directives such as a living will. For that, we have one New Jersey family to thank: the parents and siblings of Karen Ann Quinlan, whose faith carried them through the arduous process of turning their tragedy into a legal victory that changed the way Americans approach the end of life. They were aided by a collection of attorneys and judges on both sides of the life-or-death case who chose to work "as adversaries but not enemies." Karen, then 21, fell into an irreversible coma after attending a party in Sussex County on April 15, 1975. She died 40 years ago, on June 11, 1985, in a Morris County nursing home.Editor's note: I remember this. Do you? In the midst of today's MAiD legislation, lobbying, and often highly inflammatory stances, I'm struck by this article's description, "They were aided by a collection of attorneys and judges on both sides of the life-or-death case who chose to work "as adversaries but not enemies." Yes, strong emotions and beliefs still drive both sides. Yes, we still choose how to work together.
Q&A with Jim Obergefell on the future of Supreme Court's gay marriage ruling, LGBTQ rights
06/03/25 at 03:00 AMQ&A with Jim Obergefell on the future of Supreme Court's gay marriage ruling, LGBTQ rights Fremont News Messenger; by Laura A. Bischoff; 6/1/25 In 2013, Ohioans Jim Obergefell and John Arthur flew on a medical jet to exchange vows in Maryland where same-sex marriage was legal at the time. With Arthur in hospice care for amyotrophic lateral sclerosis, time was slipping away for the Cincinnati couple and their home state of Ohio prohibited same-sex marriage. Days after their tarmac wedding, civil rights attorney Al Gerhardstein showed them a blank Ohio death certificate. "Do you guys understand that when John dies, his last record as a person will be wrong here, where it says marital status at the time of death?" Gerhardstein told them. "Ohio will say John was unmarried. And Jim, your name will not be here, where it says surviving spouse name." Brokenhearted and angry at the idea of not being recognized by Ohio, Arthur and Obergefell told Gerhardstein, yes, they wanted to do something about it. Arthur didn't live to see the fruits of that decision: On June 26, 2015, in a 5-4 decision in Obergefell v. Hodges, the U.S. Supreme Court decided states must allow for same-sex marriages and must recognize those solemnized in other states. Arthur died in October 2013 at the age of 48.
Colorado end-of-life care residency requirement challenged
05/28/25 at 03:00 AMColorado end-of-life care residency requirement challenged Bloomberg Law; by Ryan Autullo; 5/22/25 A terminally ill Minnesota man is asking a federal court to let doctors in Colorado administer drugs to him so he can die peacefully there, a challenge to the state’s residency requirement in accessing end-of-life care. Prohibiting Colorado doctors from giving non-residents drugs to ease suffering in their final months is unconstitutional, lawyers for Jeff McComas wrote in a complaint filed Thursday in the US District Court for the District of Colorado.
Disproportionate impact: Supreme Court narrows disproportionate share hospital reimbursement to Supplemental Security Income cash recipients
05/27/25 at 02:00 AMDisproportionate impact: Supreme Court narrows disproportionate share hospital reimbursement to Supplemental Security Income cash recipients The National Law Review; by Vinay Kohli, Matthew J. Westbrook, D. Austin Rettew; 5/23/25 The U.S. Supreme Court has issued a significant ruling affecting hospitals that serve low-income Medicare beneficiaries, narrowing the interpretation of the Disproportionate Share Hospital (“DSH”) payment formula. In Advocate Christ Medical Center v. Kennedy, the Court determined that only Medicare patients who were eligible to receive a cash Supplemental Security Income (“SSI”) payment during the month of their hospitalization may be included in the calculation for additional DSH reimbursement. This decision represents a setback for more than 200 hospitals that had advocated for a broader, more inclusive definition of SSI entitlement, potentially reducing the financial support available for treating Medicare’s poorest patients.
New York bill aims to ban new for-profit hospices amid fraud concerns
05/15/25 at 02:15 AMNew York bill aims to ban new for-profit hospices amid fraud concerns CBS WRGB-6, Albany, NY; by Lara Bryn; 5/14/25 A new bill awaiting the governor's signature could ban the establishment of new for-profit hospices in New York, a move lawmakers and industry experts say is necessary to improve care quality and prevent potential fraud. ... The bill has already passed in both the state Senate and House. The push for this legislation comes in part due to findings from national studies by the American Medical Association and ProPublica, which highlighted issues in for-profit hospice care. ... Jeanne Chirico, CEO of the Hospice and Palliative Care Association of New York State, said, "To try and make a quick turnaround of profit either through falsifying eligibility records or by fraudulently submitting records for individuals who never even knew they were on hospice." Chirico noted a case where a New York Medicare recipient was unknowingly enrolled in a hospice-certified program based in California.
In the wake of HICPAC: How APIC is leading the fight to preserve national infection prevention standards
05/15/25 at 02:00 AMIn the wake of HICPAC: How APIC is leading the fight to preserve national infection prevention standards Infection Control Today, Branbury, NJ; by Tori Whitacre Martonicz; 5/13/25 The Trump administration has disbanded a federal advisory committee that guided efforts to prevent the spread of infections in health care facilities. The Healthcare Infection Control Practices Advisory Committee (HICPAC) established national standards for hand hygiene, mask-wearing, and isolating patients with infectious diseases that most US hospitals adhere to.Infection Control Today® (ICT®) spoke with Connie Steed, MSN, RN, CIC, FAPIC, an infection prevention consultant and former president of the Association for Professionals in Infection Control and Epidemiology (APIC), about HICPAC's disbanding and its implications for national standards in infection control.
Courts diverge in challenges to CMS's minimum staffing requirements for LTC facilities
05/02/25 at 03:10 AMCourts diverge in challenges to CMS's minimum staffing requirements for LTC facilities JD Supra; by Kayla Stachniak Kaplan, Scott Memmott, Sydney Menack, Jonathan York, Howard Young; 4/30/25On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our prior blog post, the Final Rule was immediately challenged under the Administrative Procedure Act (APA) in two major lawsuits. These cases have resulted in divergent rulings, injecting more uncertainty across the LTC industry about the future of the application and validity of the Final Rule. ... This and further developments in these cases will have significant impact on the future of CMS’s oversight of the country’s nursing homes.
Assembly passes bill to allow medically assisted death for terminally ill New Yorkers
05/02/25 at 03:00 AMAssembly passes bill to allow medically assisted death for terminally ill New Yorkers NNY360, Watertown Daily Times and Northern New York Newspapers, Watertown, NY; by Alex Gault; 4/2925 The New York state legislature is poised to pass a bill that would allow terminally ill people to seek a medication to end their lives, a process called medical aid in dying. On Tuesday, the Assembly voted for the first time to advance a bill, carried by Assemblywoman Amy Paulin, D-Westchester, that would allow a terminally ill patient to ask for a prescription for a lethal medication, to be taken at home on their own terms.
Health sector answers Trump's call for deregulation ideas
04/30/25 at 02:00 AMHealth sector answers Trump's call for deregulation ideas Modern Healthcare; by Bridget Early; 4/29/25 The Trump administration wants the healthcare industry to recommend rules and regulations to toss. Trade groups representing hospitals, health insurance companies and others have ideas. The White House, the Centers for Medicare and Medicaid Services and other parts of the federal government are seeking suggestions to guide President Donald Trump's campaign to radically restructure and diminish the federal government. ... CMS included a request for information in Medicare payment rules the agency proposed this month. Comments are due June 10.
Legacy even in defeat? Nursing home experts anxious about next moves on staffing efforts
04/23/25 at 03:00 AMLegacy even in defeat? Nursing home experts anxious about next moves on staffing efforts McKnights Long-Term Care News; by Kimberly Marselas; 4/21/25 Two weeks after a judge struck down federal staffing standards for all US nursing homes, questions about the rule’s future continue to swirl within the industry. Will the government appeal the District Court’s ruling in Texas and continue to fight for regulations that would force nursing homes to create more than 100,000 new jobs in coming years? How will a judge hearing a similar challenge in Iowa interpret similar arguments, and what happens if the rulings conflict with one another? ... Regardless of whether the rule goes away, industry insiders have one clear expectation: Its legacy will continue to chafe nursing home leaders, who will still face intense pressure to recruit quality staff and improve patient care.
