SENATE MEMORIAL 61

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Elizabeth “Liz” Stefanics

A MEMORIAL

REQUESTING THE DEPARTMENT OF HEALTH TO STUDY OPTIONS FOR REGULATION OF INDEPENDENT RESIDENTIAL HOSPICE HOUSES AND REPORT ITS FINDINGS TO THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE.

     WHEREAS, the current New Mexico regulatory scheme presents significant regulatory and bureaucratic impediments to the establishment of independent residential hospice houses specifically designed to create comfort and safety for people at the end of life, and with the goal of achieving the best quality of end of life care for patients and their families; and

     WHEREAS, it is virtually impossible to create an effective, licensed residential hospice house in New Mexico, as the current licensing is under the assisted living regulations, which do not address the specific needs and stresses associated with terminal illness and dying; and

     WHEREAS, the purpose of the assisted living regulations is to have people live comfortably with the medical or physical assistance they require, while hospice patients are terminally ill individuals who are no longer pursuing curative medical treatment and need different care and support from those who are not terminally ill; and

     WHEREAS, the 2007 national home and hospice care survey cites that a majority of Americans express a strong preference for dying at home but many are unable to, because they have no home, do not have a family member able to care for them or live alone without the resources necessary to meet the complex psychological and medical needs of a person at the end of the person's life; and

     WHEREAS, according to the Stanford university school of medicine, sixty percent of Americans die in acute care hospitals and twenty percent in nursing homes; and

     WHEREAS, hospice care in an independent residential hospice house provides a more cost-effective and less intrusive form of medical care and supports the social, psychological and spiritual needs of terminally ill patients and their families; and

     WHEREAS, independent residential hospice houses provide a homelike atmosphere, where hospice staff members fill the roles of family caregivers by providing residential care for twenty-four hours a day, seven days a week; and

     WHEREAS, according to the national home and hospice care survey, a freestanding residential hospice house frequently provides medicare inpatient care, in addition to residential care, a benefit that provides short-term care to address acute symptoms not manageable at home; and

     WHEREAS, independent residential hospice houses also provide hospice respite care under medicare, which offers the opportunity for home caregivers to take time to rest and recover; and

     WHEREAS, safe and comfortable independent residential hospice houses are needed in New Mexico to address the unique needs of the dying and to provide an alternative to dying in an institution for those who are unable to die at home; and

     WHEREAS, independent residential hospice houses have been found to offer higher quality, more efficient care than hospice care provided in a hospital, and family members have been found generally to be highly satisfied with the personalized care and cleanliness of the facilities; and

     WHEREAS, New Mexico has nearly double the number of elderly residents per capita as the national average, and this population will only increase as the baby boomers age; and

     WHEREAS, independent residential hospice houses have been found by other states to provide a support system to the terminally ill that permits patients to exercise maximum independence and dignity during the final days of life; and

     WHEREAS, several states, including New York, Wisconsin, North Carolina, Florida and Minnesota, have successfully created a statutory and regulatory framework that permits independent residential hospice houses to be licensed and serve this unique population and need; and

     WHEREAS, the need is so great in New Mexico that there are small hospice houses currently operating without the licensing required by the assisted living regulations; and

     WHEREAS, it would be safer to have a licensing scheme that addresses this vulnerable population, provides rules and regulations specific to the needs of the terminally ill and creates clear guidelines for those who desire to establish residential hospice houses that serve to protect and serve dying patients;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the department of health be requested to study options for regulation of independent residential hospice houses; and

     BE IT FURTHER RESOLVED that the department of health report its findings to the legislative health and human services committee by October 1, 2019; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the chair of the legislative health and human services committee, the secretary of health and the secretary of human services.

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