LeadingAge New York Adviser Winter Vol. 1 | Page 45

Palliative Care Information Act (PCIA) went into effect on
Feb. 9, 2011. This measure provides that when a person is
diagnosed with a ‘terminal illness or condition,’ that person’s
health care provider must offer to provide information and
counseling about palliative care along with information about
standard treatments for their condition. The law defines a
‘terminal illness or condition’ as one that is expected to cause
death within six months. The PCIA applies to health care
providers in all settings including private practices and health
care facilities. However, it is important to note that any person
has the right to refuse the offer of information and counseling;
there is no requirement to accept.
The goal of receiving information and counseling about
palliative care options, as well as information about standard
treatments, is to empower patients faced with a terminal or
life-limiting conditions to make informed decisions about the
kind of treatment(s) and care they would want to receive. The
information offered is not limited to the following, but will
include:
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•
•
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The prognosis (probable outcome of the illness or
condition)
The range of treatment and care options appropriate for
the patient
The risks and benefits of these treatment and care options
Legal right to comprehensive pain and symptom
management at end-of-life

While it is beneficial for all persons diagnosed with a terminal
illness or condition to talk with their doctors about palliative
care as a health care option, the PCIA has made it easier than
ever to begin the conversation.
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The Palliative Care Access Act (PCAA) became effective
on Sept. 27, 2011. Like the PCIA, this law provides
opportunities for residents of New York State to receive
information and counseling about palliative care
services and to work with their own doctors or health
care providers to make informed decisions about future

treatment and goals of care. But, there are three very
important differences in the PCAA:
1. It also applies to residents in nursing homes, home
care agencies, enhanced assisted living residences
and special needs assisted living residences, not just
patients in the community and the hospital
2. It applies to all patients with “advanced life-limiting
conditions or illnesses,” not just those with a terminal
illness
3. It requires that access to palliative care consultations
and services must be provided, not just information
and counseling
The goal of the PCAA is to ensure that every person with an
advanced, life limiting condition or illness (not just those with
a terminal illness), regardless of where they are living or being
cared for, will now be able to receive not only information and
counseling about palliative care but also access to palliative care
services if they so choose.
For more information about palliative care or to find a palliative
care provider in your area, please visit www.hpcanys.org

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