[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR418.24]



[Page 916-917]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 418_HOSPICE CARE--Table of Contents

 

        Subpart B_Eligibility, Election and Duration of Benefits

 

Sec. 418.24  Election of hospice care.



    (a) Filing an election statement. An individual who meets the 

eligibility requirement of Sec. 418.20 may file an election statement 

with a particular hospice. If the individual is physically or mentally 

incapacitated, his or her representative (as defined in Sec. 418.3) may 

file the election statement.

    (b) Content of election statement. The election statement must 

include the following:

    (1) Identification of the particular hospice that will provide care 

to the individual.

    (2) The individual's or representative's acknowledgement that he or 

she has been given a full understanding of the palliative rather than 

curative nature of hospice care, as it relates to the individual's 

terminal illness.

    (3) Acknowledgement that certain Medicare services, as set forth in 

paragraph (d) of this section, are waived by the election.

    (4) The effective date of the election, which may be the first day 

of hospice care or a later date, but may be no earlier than the date of 

the election statement.

    (5) The signature of the individual or representative.

    (c) Duration of election. An election to receive hospice care will 

be considered to continue through the initial election period and 

through the subsequent election periods without a break in care as long 

as the individual--

    (1) Remains in the care of a hospice; and

    (2) Does not revoke the election under the provisions of Sec. 

418.28.

    (d) Waiver of other benefits. For the duration of an election of 

hospice care, an individual waives all rights to Medicare payments for 

the following services:

    (1) Hospice care provided by a hospice other than the hospice 

designated by the individual (unless provided under arrangements made by 

the designated hospice).



[[Page 917]]



    (2) Any Medicare services that are related to the treatment of the 

terminal condition for which hospice care was elected or a related 

condition or that are equivalent to hospice care except for services--

    (i) Provided by the designated hospice:

    (ii) Provided by another hospice under arrangements made by the 

designated hospice; and

    (iii) Provided by the individual's attending physician if that 

physician is not an employee of the designated hospice or receiving 

compensation from the hospice for those services.

    (e) Re-election of hospice benefits. If an election has been revoked 

in accordance with Sec. 418.28, the individual (or his or her 

representative if the individual is mentally or physically 

incapacitated) may at any time file an election, in accordance with this 

section, for any other election period that is still available to the 

individual.



[55 FR 50834, Dec. 11, 1990]