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<regulation prefix="Regulation" num=".05" citation="COMAR 10.09.35.05" title_num="10" subtitle_num="09" chapter_num="35" heading="Eligibility for and Election of Hospice Care.">
  <paragraph num="A.">
    <text>To be eligible for hospice care, written certification of terminal illness shall be obtained by the hospice for each of the election periods listed in Regulation .04 of this chapter. Procedures for certification of terminal illness are as follows:</text>
    <paragraph num="(1)">
      <text>The hospice shall obtain the written certification before the hospice submits a claim for payment;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the hospice is unable to obtain written certification within 2 calendar days after an election period begins, an oral certification shall be obtained within 2 calendar days and a written certification shall be obtained before the hospice submits a claim for payment;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Certifications shall be completed not more than 15 calendar days before the start of the election period;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>For the initial election period, the hospice shall obtain written certification statements and shall document oral certification statements in accordance with §A(2) of this regulation from:</text>
      <paragraph num="(a)">
        <text>The medical director of the hospice or the physician member of the hospice interdisciplinary team; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The attending physician, if there is an attending physician;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>For subsequent election periods, certification by one of the physicians listed in §A(4) of this regulation is required;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>All certifications shall:</text>
      <paragraph num="(a)">
        <text>Be signed and dated by the certifying physician; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Include the date of the election for which the certification applies;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Certifications shall be based on the certifying physician’s clinical judgment regarding the normal course of the recipient’s illness and conform to the following requirements:</text>
      <paragraph num="(a)">
        <text>Document that the participant’s prognosis is for a life expectancy of 6 months or less if the terminal illness runs its normal course;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Clinical information documenting the prognosis of a terminal illness shall accompany the certification and shall be filed in the medical record;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Clinical information for the initial election period may be provided orally and shall be documented in the medical record and included as part of the hospice’s eligibility assessment;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A brief narrative written by the certifying physician:</text>
        <paragraph num="(i)">
          <text>Shall be included in the certification;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Shall be located immediately before the certifying physician’s signature or included as an addendum signed by the certifying physician;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Shall include a statement inserted directly above the certifying physician’s signature and based on a review of the participant’s medical record or examination of the participant;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Shall reflect the participant’s individual clinical circumstances; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>May not contain checkboxes or standard language used for all participants;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>To determine continued eligibility for hospice care, a face-to-face encounter by the hospice physician or the hospice nurse practitioner shall occur:</text>
      <paragraph num="(a)">
        <text>When a stay across all hospices is anticipated to reach the third election period; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not more than 30 days before the third election period and any subsequent election period; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>A narrative associated with an election period requiring a face-to-face encounter shall include:</text>
      <paragraph num="(a)">
        <text>An explanation of why the clinical findings support a prognosis of a terminal illness; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A written attestation of the date of the encounter and that the clinical findings were provided to the certifying physician.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A recipient 21 years old or older meeting the eligibility requirements and electing to receive hospice care shall file a signed election declaration with the provider which shall contain the following:</text>
    <paragraph num="(1)">
      <text>A statement that the recipient or the representative elects hospice care for the recipient;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Identification of the provider that will furnish hospice care to the recipient;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The effective date of the election, which may not be earlier than the date that the election is made;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A statement that the recipient or representative acknowledges being given a full description of hospice care and of its palliative rather than curative nature as it relates to the recipient's terminal illness and related conditions;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A statement that the recipient or representative understands that the recipient waives all rights to Program payments for the duration of the election of hospice care for the following services:</text>
      <paragraph num="(a)">
        <text>Hospice care provided by a hospice other than the provider designated by the recipient or representative, unless provided under arrangements made by the designated provider; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any services covered by the Program that are related to treatment of the terminal condition or a related condition, or that are equivalent to hospice care, except for services provided by:</text>
        <paragraph num="(i)">
          <text>The designated provider;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Another hospice under arrangements made by the designated provider;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The recipient's attending physician if that physician is not an employee of the designated provider or receiving compensation from the provider for those services; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A nursing facility as room and board, if the recipient is a resident of a nursing facility and would be eligible under the Program for nursing facility services if hospice care was not elected; and</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>The signature of the recipient or representative.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A recipient younger than 21 years old meeting the eligibility requirements and electing to receive hospice care shall file a signed election declaration with the provider which shall contain the following:</text>
    <paragraph num="(1)">
      <text>A statement that the recipient or the representative elects hospice care for the recipient;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Identification of the provider that will furnish hospice care to the recipient;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The effective date of the election, which may not be earlier than the date that the election is made;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A statement that the recipient or representative acknowledges being given a full description of hospice care and of its palliative nature as it relates to the recipient's terminal illness and related conditions;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A statement that the recipient or representative understands that hospice services shall be made available without forgoing Program payments for curative treatment for the terminal illness; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The signature of the recipient or representative.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The election of hospice care shall be considered to continue uninterrupted through the first election period and through any subsequent election periods and any extended election periods, as long as the participant:</text>
    <paragraph num="(1)">
      <text>Remains in the care of a provider; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Does not have the hospice care terminated under the provisions of Regulation .04D of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The election of hospice care may be revoked by the participant or representative at any time for any reason during an election period or an extended election period. Revocation requires the following:</text>
    <paragraph num="(1)">
      <text>The participant or representative shall file a statement with the provider that includes the following information:</text>
      <paragraph num="(a)">
        <text>A statement that the participant or representative revokes the election of Program coverage of hospice care and understands that the participant forfeits the remaining days in the election period;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date that the revocation is to be effective, which may not be earlier than the date the revocation is made; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The signature of the participant or representative.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>As of the effective date of the revocation of the election of hospice care, the recipient:</text>
      <paragraph num="(a)">
        <text>Is no longer covered under the Program for hospice care;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Resumes Program coverage of services waived under §B(5) of this regulation; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Forfeits Program coverage of hospice care for any days remaining in the election period, but may at a future time elect hospice care for any remaining election period for which the recipient is eligible.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A participant may designate a new provider of hospice care not more than once during an election period. Designation shall be as follows:</text>
    <paragraph num="(1)">
      <text>The designation of a new provider is not a revocation of the election of hospice care under §D of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To designate a new provider, the participant or representative shall file with the previously designated provider and with the newly designated provider, a statement that includes the following information:</text>
      <paragraph num="(a)">
        <text>The names of the previously designated provider and the new provider;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The effective date of the change of providers; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The signature of the participant or representative.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A change in ownership of the provider is not considered a change in the participant's designation of a provider and requires no action on the participant's part.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The provider shall maintain the statements described in this regulation and provide copies or related information to the Program on request.</text>
  </paragraph>
</regulation>