[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: 42CFR418.98]



[Page 923]

 

                         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 E_Conditions of Participation: Other Services

 

Sec. 418.98  Condition of participation--Short term inpatient care.



    Inpatient care must be available for pain control, symptom 

management and respite purposes, and must be provided in a participating 

Medicare or Medicaid facility.

    (a) Standard: Inpatient care for symptom control. Inpatient care for 

pain control and symptom management must be provided in one of the 

following:

    (1) A hospice that meets the condition of participation for 

providing inpatient care directly as specified in Sec. 418.100.

    (2) A hospital or an SNF that also meets the standards specified in 

Sec. 418.100 (a) and (e) regarding 24-hour nursing service and patient 

areas.

    (b) Standard: Inpatient care for respite purposes. Inpatient care 

for respite purposes must be provided by one of the following:

    (1) A provider specified in paragraph (a) of this section.

    (2) An ICF that also meets the standards specified in Sec. 418.100 

(a) and (e) regarding 24-hour nursing service and patient areas.

    (c) Standard: Inpatient care limitation. The total number of 

inpatient days used by Medicare beneficiaries who elected hospice 

coverage in any 12-month period preceding a certification survey in a 

particular hospice may not exceed 20 percent of the total number of 

hospice days for this group of beneficiaries.

    (d) Standard: Exemption from limitation. Until October 1, 1986, any 

hospice that began operation before January 1, 1975 is not subject to 

the limitation specified in paragraph (c).



[48 FR 56026, Dec. 16, 1983, as amended at 55 FR 50835, Dec. 11, 1990]