Bill Sponsors
Senator Matthew L. LaMountain
Committee
Senate Health & Human Services
Summary
Select
This legislation establishes new rights for patients who are recommended for hospice care. It mandates that a patient has the right to have a caregiver present when hospice services are explained to them before they consent to the care. Additionally, the bill requires that the caregiver be provided with detailed information regarding the patient's medications and how hospice care will affect their treatment. The bill also states that hospice patients must have access to visiting nurse care at home and cannot be denied these services based on their age or income level.
Sponsor
Analysis
Pros for Progressives
- Ensures equitable access to essential end-of-life care by explicitly prohibiting the exclusion of patients from visiting nurse services based on income or age.
- Empowers vulnerable patients by guaranteeing their right to have an advocate or caregiver present during complex medical discussions, ensuring true informed consent.
- Promotes transparency in healthcare by requiring that families be fully informed about how hospice care will impact existing medication and treatment plans.
Cons for Progressives
- The phrase "if practical" regarding caregiver presence during medical decisions provides a potential loophole for providers to bypass the requirement for convenience.
- Lacks specific funding mechanisms or appropriations to support the mandated care for low-income patients, potentially straining existing social safety nets without adding resources.
- Relies on a specific statutory definition of "caregiver" which may not fully encompass the non-traditional support networks often relied upon by marginalized communities.
Pros for Conservatives
- Strengthens the role of the family unit in medical decision-making, ensuring that patients are not isolated by healthcare institutions during end-of-life care.
- Enforces strict informed consent by requiring providers to clearly disclose how hospice affects medical treatment, preventing patients from being misled about their care.
- Protects the elderly and vulnerable from potential medical neglect by ensuring a witness and advocate is present when services are explained.
Cons for Conservatives
- Imposes government mandates on private healthcare providers regarding their operational procedures and who must be present during consultations.
- Creates an unfunded mandate by requiring services be provided regardless of income, which effectively establishes a new entitlement at the expense of providers or paying customers.
- Increases regulatory interference in the doctor-patient relationship by dictating the specific flow of communication and required participants.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Hospice patients
- Caregivers
- Hospice healthcare teams
- Visiting nurses
- Families of terminally ill patients
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Health and Human Services
Bill Text
SECTION 1. Chapter 23-4.6 of the General Laws entitled "Consent to Medical and Surgical Care" is hereby amended by adding thereto the following section:
23-4.6-2. Consent to hospice care.
(a) A patient, recommended for hospice services shall have the right to have a caregiver, as defined in § 23-17.27-1, present when hospice services are explained to the patient prior to the patient consenting to hospice services.
(b) If practical, the patient's caregiver shall be present whenever any medical decisions are discussed by the hospice healthcare team with the patient.
(c) Prior to a patient consenting to hospice services, the patient's caregiver shall be provided with all information regarding the patient's medication and treatment and how entering hospice is anticipated to effect the prescribed medication and treatment.
(d) A hospice patient shall have access to visiting nurse care at home and not be excluded from those services because of income or age limitations.
SECTION 2. This act shall take effect upon passage.
23-4.6-2. Consent to hospice care.
(a) A patient, recommended for hospice services shall have the right to have a caregiver, as defined in § 23-17.27-1, present when hospice services are explained to the patient prior to the patient consenting to hospice services.
(b) If practical, the patient's caregiver shall be present whenever any medical decisions are discussed by the hospice healthcare team with the patient.
(c) Prior to a patient consenting to hospice services, the patient's caregiver shall be provided with all information regarding the patient's medication and treatment and how entering hospice is anticipated to effect the prescribed medication and treatment.
(d) A hospice patient shall have access to visiting nurse care at home and not be excluded from those services because of income or age limitations.
SECTION 2. This act shall take effect upon passage.