The Centers for Medicare & Medicaid Services (“CMS”) recently issued the final rule for hospice agreements with long-term care (“LTC”) providers. The rule requires LTC facilities to have written agreements specifying the respective roles and responsibilities for the hospice and LTC provider for any arrangements for the provision of hospice care within the LTC facility.
Due to so many of the same services being provided by both LTC facilities and hospice providers, there is a clear potential for residents to receive duplicative and/or conflicting services. According to CMS, the guidance seeks to improve quality and consistency of care between hospices and LTC facilities in the provision of hospice care to LTC residents.
The written agreement must be signed by authorized representatives of both the hospice and the LTC facility before the hospice provider can provide care to any patient. Some of the provisions the agreement must address include:
- The services the hospice will provide.
- The hospice’s responsibilities for determining the appropriate hospice plan of care.
- The services the LTC facility will continue to provide.
- A communication process to ensure that the needs of the residents are addressed and met 24 hours per day.
- A provision that the LTC facility immediately notifies the hospice about certain changes in residents’ conditions and care plans.
- A provision providing that the hospice assume responsibility for determining appropriate hospice care.
The LTC facility is also responsible for designating an interdisciplinary person to assume responsibility for coordinating with both hospice staff and LTC staff for resident care. This rule will become effective August 26, 2013, allowing for hospice and LTC providers to evaluate and update agreements in advance of enforcement.
Should you have any questions, please contact:
- Todd Selby at 317.977.1440 or tselby@wp.hallrender.com;
- Brian Jent at 317.977.1402 or bjent@wp.hallrender.com;
- David Bufford at 502.568.9368 or dbufford@wp.hallrender.com; or
- Your regular Hall Render attorney.
