[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: 42CFR418.3]



[Page 915]

 

                         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 A_General Provision and Definitions

 

Sec. 418.3  Definitions.



    For purposes of this part--

    Attending physician means a--(1)(i) Doctor of medicine or osteopathy 

legally authorized to practice medicine and surgery by the State in 

which he or she performs that function or action; or

    (ii) Nurse practitioner who meets the training, education, and 

experience requirements as the Secretary may prescribe; and

    (2) Is identified by the individual, at the time he or she elects to 

receive hospice care, as having the most significant role in the 

determination and delivery of the individual's medical care.

    Bereavement counseling means counseling services provided to the 

individual's family after the individual's death.

    Cap period means the twelve-month period ending October 31 used in 

the application of the cap on overall hospice reimbursement specified in 

Sec. 418.309.

    Employee means an employee (defined by section 210(j) of the Act) of 

the hospice or, if the hospice is a subdivision of an agency or 

organization, an employee of the agency or organization who is 

appropriately trained and assigned to the hospice unit. ``Employee'' 

also refers to a volunteer under the jurisdiction of the hospice.

    Hospice means a public agency or private organization or subdivision 

of either of these that--is primarily engaged in providing care to 

terminally ill individuals.

    Physician means physician as defined in Sec. 410.20 of this 

chapter.

    Representative means an individual who has been authorized under 

State law to terminate medical care or to elect or revoke the election 

of hospice care on behalf of a terminally ill individual who is mentally 

or physically incapacitated.

    Social worker means a person who has at least a bachelor's degree 

from a school accredited or approved by the Council on Social Work 

Education.

    Terminally ill means that the individual has a medical prognosis 

that his or her life expectancy is 6 months or less if the illness runs 

its normal course.



[48 FR 56026, Dec. 16, 1983, as amended at 52 FR 4499, Feb. 12, 1987; 50 

FR 50834, Dec. 11, 1990; 70 FR 45144, Aug. 4, 2005]