New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-W - Former Division of Human Services
Chapter He-W 500 - MEDICAL ASSISTANCE
Part He-W 544 - HOSPICE SERVICES
Section He-W 544.02 - Recipient Eligibility Requirements
Universal Citation: NH Admin Rules He-W 544.02
Current through Register No. 40, October 3, 2024
(a) To be eligible to receive hospice care, recipients age 21 and over shall:
(1) Be certified as terminally ill in
accordance with He-W 544.06;
(2) Elect hospice care in accordance with
He-W
544.04; and
(3) Upon election of hospice care pursuant to
(2) above, agree to waive all rights to the following Title XIX services:
a. Hospice care provided by a hospice other
than the one designated by the recipient on the hospice care provider's hospice
election form, unless provided under arrangements made by the designated
hospice;
b. Title XIX services that
are:
1. Related to the treatment of the
terminal illness for which hospice care was elected;
2. Related to the treatment of a condition or
complication related to the terminal illness for which hospice care was
elected; or
3. Equivalent to, or
duplicative of, hospice services; and
c. Title XIX home and community-based care
waiver services that are equivalent to, or duplicative of, hospice
services.
(b) To be eligible to receive hospice care, recipients under the age of 21:
(1) Shall be certified as terminally ill in
accordance with He-W 544.06;
(2) Shall elect hospice care in accordance
with He-W
544.04; and
(3) Shall not, in accordance with
42 U.S.C.
1396 d(o) (1), be required to waive rights to
Title XIX services that are related to treatment of the recipient's condition
for which a diagnosis of terminal illness has been made.
(c) A recipient shall not be required to waive rights to the following services, which shall be covered in addition to hospice services:
(1) Services provided by
the recipient's Title XIX attending physician if that physician is not an
employee of the designated hospice or is not receiving compensation from the
hospice for those services; and
(2)
Room and board services provided by a nursing facility if the recipient meets
nursing facility level of care.
#9726-A, eff 7-1-10; ss by #9867-A, eff 2-11-11
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