1. Introduction to the Medicare Conditions of Participation
Mandatory In-Service
2013

2. Medicare Conditions of Participation
Written in 1983
Few changes since 1983 despite changes in the hospice industry
Revised in 2006 by the Center for Medicare and Medicaid Services (CMS)

3. Revisions to the CoPs
Subparts, B,F,G were updated effective January 2006
Subparts A,C,D were revised and became effective in December 2008
The new CoPs are
Patient centered
Focused on quality improvement and patient outcomes

4. Conditions of Participation
Important to know because if hospices do not comply with the conditions then they could lose Medicare certification.
Medicare covers over 80% of our patients

5. Hospice of the Bluegrass
Licensed by the State of Kentucky and adheres to Hospice State Regulations: 902 KAR 20:140, KRS 216B.042
Medicare Certified and complies with the Medicare Conditions of Participation
Accredited by Joint Commission
Governed by a Board of Directors

6. Staff Must Know the CoPs
Because we must be in compliance with CMS
Because of fraud and abuse initiatives
Because they assure a certain standard of care
Because they provide a foundation for a strong hospice program
Because all except two conditions apply to all hospice patients regardless of payer source.
Those two are 1) continuation of care; 2) the inpatient rule

7. Eligibility for the Medicare Hospice Benefit
A prognosis of six months or less if the disease follows its expected course
Entitle to Part A of Medicare
Election of the Medicare Hospice Benefit from a Medicare certified hospice
Hospice only admits a patient on the recommendation of the hospice’s Medical Director in consultation with the patient’s attending MD

8. Electing the Medicare Hospice Benefit
Medicare beneficiaries must have the hospice benefit thoroughly explained to them
In “electing” to receive hospice care, other Medicare benefits related to the terminal illness are waived.

9. Patient Rights
Hospices must provide the patient and family notice of their rights at the time of the initial assessment in advance of providing care-verbally and in writing
The rights must be in a language and manner that the patient understands
Hospice must obtain patient’s/representative’s signature confirming receipt of copy of the notice of rights and responsibilities

10. Patient Rights Hospice providers must
Report violations to hospice administrator
Investigate violations and complaints
Take corrective action if violation is verified
Report verified significant violations to state/local bodies within 5 days.

11. What You Need to Know About Hospice Eligibility and Election
How to assess for and document eligibility of patients with non-cancer diagnoses (Local Coverage Determinants, NHPCO Guidelines)
How to explain the Medicare Hospice Benefit to patients and caregivers
That the patient’s attending physician and the Hospice Medical Director must certify that the patient is terminally ill

12. Benefit Periods Initial period of 90 days
Second benefit period of 90 days
Unlimited number of 60 day periods when continued to be certified as terminally ill by the Hospice Medical Director

13. What You Need to Know About Benefit Periods
Number of benefit periods
The process for assessing continued hospice eligibility & recertification
The system for tracking recertification dates for each patient
Recertification of terminal illness signed by the Medical Director within 2 days of a new benefit period
The hospice provider should determine if a patient has ever enrolled in hospice care to determine their benefit period

14. Levels of Care Routine Home Care Inpatient Respite Care
General Inpatient Care
Continuous Care

15. Routine Home Care Care provided in the patient’s place of residence
Reimbursement is approximately $137 per day.
Most commonly billed level of care

16. Continuous Care
Provided during times of crisis in an attempt to keep a patient at home
The hospice must provide a minimum of 8 hours of care during a 24-hour day beginning/ending at midnight
Care need not be continuous
Nursing services (RN,LPN) must comprise more than half of the care and care must be provided by employees of the hospice
Reimbursement at approximate rate of $33/hour

17. Situations that may require Continuous Care
Uncontrolled, severe symptoms that require continuous skilled assessment, intervention, evaluation.
When a medical intervention that needs monitoring is implemented (ex. IV)
Highly unstable vital signs, e.g., diabetic management
Severe anxiety, agitation or confusion that poses a safety threat
Suicide ideation or related action
The patient’s condition is deteriorating rapidly to the extent that death is imminent and the care needs are beyond the physical and emotional resources of the family.

18. Respite Care Designed to provide respite for caregivers
Must be provided in a contracted inpatient unit- Do not need a RN in the facility 24 hours a day
Hospice retains professional management responsibilities.
Reimbursement is approximately $144 per day and is available for a maximum of 5 days at a time

19. Inpatient Care Sometimes needed for pain and symptom management
Reimbursement rate is $620 per day in contracted facility
Treatment must conform to the patient’s plan of care and hospice retains professional management responsibilities.

20. What You Need to Know About Inpatient Care
How important it is to educate patient/families on calling hospice before 911
How to determine if a hospitalization is related or unrelated to the terminal illness
What hospitals the hospice contracts with
What your responsibilities are in managing a patient’s care while hospitalized
The hospitalization does not mean the same as discharge

21. What You Need to Know About Inpatient Care
Staff should educate patients and families about hospitals that have a contractual arrangement with Hospice of the Bluegrass.
If a patient is admitted to a hospital where no contractual arrangement exists, the hospice can either discharge the patient using Condition Code 52 or the patient may revoke the hospice benefit.

22. Payment for Hospice Care
Based on a per diem or daily rate according to a patient’s level of care.
All services related to the terminal illness are included in the per diem rate.

23. What The Per Diem Rate Covers
RN visits
Social Worker visits
Spiritual Care
Certified Nursing Assistants
PT, OT, Speech Therapy, Dietician
Volunteers
Bereavement Care
All medications related to the terminal diagnosis
DME services
Medical Supplies
24-hour on-call services
Inpatient care
Labs
Ambulance

24. Discharge & Revocation
Other than death, there are two ways a hospice can end hospice services
The hospice can discharge the patient
The patient can revoke the Medicare Hospice Benefit
To revoke the benefit, a patient must sign the revocation
The patient may revoke for any reason

25. Discharge & Revocation Continued
Reasons for discharge may include:
The patient no longer has a prognosis of 6 months or less
The patient moves out of the service area or transfers to another hospice
Discharge for cause- the patient’s behavior or situation is such that care cannot be provided to the patient even though all efforts have been made to resolve the situation
When a hospice discharges a patient, there must be documentation in the patient’s documentation in the patient’s clinical record of the reason for the discharge, a physician’s order for the discharge and evidence of discharge planning.

26. General Provisions
Compliance- a hospice must comply with the CoPs in order to be or remain certified.
Required Services- a hospice must provide required hospice services including bereavement counseling- Bereavement must begin before the patient dies
Some of the services, like nursing, MD and pharmacy, must be available 24 hours/day
Services must conform to accepted standards of practice

27. Governing Body
Assumes legal responsibility for the hospice’s operations
Designates administrator
Ensures quality of care
Approves policies and procedures

28. Medical Director A hospice must have one Medical Director
The hospice may contract with a self-employed physician or a physician employed by a professional entity or a physician group
The Medical Director may also be a volunteer
The Medical Director is responsible for the initial certification and recertifications
They are responsible for the medical component of the hospice’s patient care program

29. Professional Management
Continuity of care in all settings
Written contracts for arranged services that include:
How services are to be provided, coordinated, supervised and evaluated
Delineation of roles and documentation requirements
Professional management and financial responsibilities for hospice
Contracts for care

30. What You Need to Know
The four levels of hospice care available to hospice patients
How to communicate with staff at contracted facilities
How to ensure that the patient’s plan of care is followed
How to maintain continuity of care in all treatment settings

31. Initial & Comprehensive Assessment of the Patient
The comprehensive assessment is not a single static document, a symptom & severity checklist, or a set of generic questions that all patients are asked
It is a dynamic process that needs to be documented in an accurate and consistent manner for all patients
Comprehensive assessment is about assessing what the patient needs, not all about who completes the assessment

32. Initial Assessment Completed by RN
Must occur within 48 hours after election of hospice care
This is an initial overall assessment of the patient and family needs
Significant issue in one area, recommend that the specialty IDG member complete the comprehensive assessment

33. Comprehensive Assessment
Time frame for completion of the comprehensive assessment:
Competed by the hospice IDG in consultation with the attending MD
Completed within 5 calendar days after the patient elects hospice care
Must be updated at least every 15 days

34. Plan of Care
The plan of care is one of the most important documents in hospice care
All services must follow a written plan of care
Patient and primary caregiver are educated and trained related to their care responsibilities identified in the plan of care
IDG consults with the following to establish plan of care
Attending physician
Patient and/or representative/primary caregiver

35. Review of the Plan of Care
Revised plan of care includes information from the updated comprehensive assessment
Information regarding the progress toward achieving specified outcomes & goals
Plan of care must be reviewed as frequently as the patient’s condition requires but no less frequently than every 15 days
Completed by IDG in collaboration with the attending MD

36. More You Need To Know
The plan of care tells the story of how and how well the patient was cared for. That the plan of care follows the patient from admission through discharge regardless of the treatment setting.

37. In-Service Training
Ongoing educational/training programs must be provided for hospice employees- whether directly employed or under contract.

38. Quality Assessment and PI
Mechanisms for the ongoing assessment of the quality and appropriateness of care provided.
Use of defined quality improvement programs that identifies and resolves problems and improves the care provided.

39. Interdisciplinary Group
Must include MD, RN, SW and pastoral or other counselor
Establishes and updates the plan of care
The RN coordinates the plan of care

40. Volunteers
Hospice providers must utilize volunteers and volunteer services must, at a minimum, equal 5% of total patient care hours of all paid hospice staff and contracted employees
Must document recruitment, retention, orientation and training of volunteers
Must document cost-savings

41. Licensure
The hospice must be licensed if it is a requirement of the state in which it is located
Employees must be licensed, certified or registered in accordance with applicable Federal or State law

42. Central Clinical Records
One for each patient
Entries for All services provided
Document, Document, Document
Initial and comprehensive assessments
Plan of Care
Identification data
Consents, election forms
Medical history

43. Hospice Care for Nursing Facility Residents
Hospice assumes responsibility for professional management of the resident’s hospice care
Must have a written agreement with the facility
Hospice designates IDG member to coordinate implementation of plan of care with facility representatives
Must orient facility staff to hospice care
Hospice provides all services to nursing facility patients that is provided in the home setting

44. Two Final Regulations
Patients must be informed of their right to formulate advance directives
The Medicare Secondary Payer questionnaire must be completed