Ala. Admin. Code r. 560-X-51-.04
In order to be eligible to elect hospice care under Medicaid, an individual must be:
(2) Certified by a physician as terminally ill and require hospice services which are medically necessary for the palliation or are medically necessary for symptom and pain management related to the terminal illness. Certification of terminal illness must include specific clinical findings and other medical documentation including, but not limited to, medical records, lab x-rays, pathology reports, etc.
(e) Advance directive documentation
The documentation contained in the medical record must be a chronological, complete record of the care provided to the hospice recipient. The medical record must contain the Medicaid Hospice Election and Physician’s Certification, Form 165 that is signed and dated by the physician. A Form 165 must be present for each election period. Form 165, which was signed by the recipient at the time of certification, may be signed by the physician for recertification for each election period. The documentation must contain the physicians’ orders that include medication(s) taken by the recipient, an assessment and a plan of care developed prior to providing care by the attending physician, the medical director or physician designee, and the interdisciplinary team. Identification of a specific terminal illness must be documented and substantiated by labs, x-rays and other medical documentation supporting the terminal illness as set forth by the Medicaid guidelines.
Failure to establish the hospice medical record as defined above shall result in a denial.
The hospice must retain medical records for at least three years after the current year.
Recipients residing in nursing facilities that elect the hospice benefit, but are subsequently determined to be ineligible for hospice care by Medicare or Medicaid, are not automatically approved for Medicaid reimbursement for nursing facility care if hospice payments are denied or recouped. Election of hospice care forfeits other Medicaid benefits. Recipients who are denied hospice benefits in the nursing facility who intend to remain in the facility must apply and meet the nursing facility level of care criteria and the financial criteria for nursing home coverage by Medicaid.
After the initial certification has been approved, if the diagnosis changes, the recipient will be required to meet the initial criteria for the new diagnosis at the time of the six month recertification.
A person who reaches a point of stability and is no longer considered terminally ill must not be recertified for hospice services. The individual must be discharged to traditional Medicaid benefits. Individuals seeking aggressive treatment shall not be certified for hospice services. “Aggressive treatment” means treatment that is intended to be life-prolonging or curative (rather than palliative) and would prevent the natural course of the terminal illness upon which they are seeking hospice services. Medicaid eligibility for the Hospice program, for recipients who are not dually eligible for Medicare, is based upon financial and medical criteria. The following medical criteria must be present for the terminal illnesses listed below. For diagnoses not found in the Alabama Medicaid Agency administrative code, for cases with evidence of other co-morbidities and the evidence of rapid decline, and for pediatric cases medical necessity review will be conducted on a case-by-case basis.
(a) Hospice Criteria for Adult Failure to Thrive Syndrome
2. Criteria for initial certification or recertification: Criteria below must be present at the time of initial certification or re-certification for hospice. An individual is considered to be terminally ill if the individual has a medical prognosis that his or her life expectancy is six months or less if the terminal illness runs its normal course. Patients must meet (i) and (ii) below:
(ii) The disability associated with the adult failure to thrive syndrome should be such that the individual is significantly disabled. Significant disability must be demonstrated by a Karnofsky or Palliative Performance Scale value less than or equal to 40%.
Both the recipient’s BMI and level of disability should be determined using measurements/observations made within six months (180 days) of the most recent certification/recertification date. If enteral nutritional support has been instituted prior to the hospice election and will be continued, the BMI and level of disability should be determined using measurements/observations made at the time of the initial certification and at each subsequent recertification. At the time of recertification recumbent measurement(s) - (anthropometry) such as mid-arm circumference in cm may be substituted for BMI with documentation as to why a BMI could not be measured. This information will be subject to review on a case by case basis.
3. Reasons for Denial
(b) Hospice Criteria for Adult HIV Disease
2. Criteria for initial certification: Criteria below must be present at the time of initial certification for hospice. Patients will be considered to be in the terminal stage of their illness (life expectancy of six months or less) if they meet the following criteria:
(i) CD4+ Count less than 25 cells/mcL or persistent one viral load greater than 100,000 copies/ml, plus one of the following:
(iii) Documentation of the following factors will support eligibility for hospice care:
HIV Disease (i) and (ii) must be present; factors from(iii) will add supporting documentation)
3. Criteria for recertification: Criteria below must be present at the time of recertification for hospice. Both (i) and (ii) must be met. Patients will be considered to be in the terminal stage of their illness (life expectancy of six months or less) if they meet one of the conditions in (i) and meet the requirement in (ii):
(i) Persistent viral load greater than 100,000 one copies/ml, plus one of the following:
(iii) Documentation of the following factors will support eligibility for hospice care:
4. Reasons for Denial
(c) Hospice Criteria for Adult Pulmonary Disease
2. Criteria for initial certification: Criteria below must be present at the time of initial certification for hospice. Patients will be considered to be in the terminal stage of pulmonary disease (life expectancy of six months or less) if they meet the following criteria. The criteria refer to patients with various forms of advanced pulmonary disease who eventually follow a final common pathway for end stage pulmonary disease: (i) and (ii) must be present; documentation of (iii), (iv) and/or (v) will lend supporting documentation:
(i) Severe chronic lung disease as documented by both factors below:
(ii) Hypoxemia at rest on room air, with a current ABG PO2 at or below 59 mm Hg or oxygen saturation at or below 89% taken at rest or hypercapnia, as evidenced by PCO2 greater than or equal to 50 mmHg (these values may be obtained from recent hospital records).
3. Criteria for recertification: Criteria below must be present at the time of recertification for hospice. Patients will be considered to be in the terminal stage of their illness (life expectancy of six months or less) if they meet (i) and (ii) below:
4. Reasons for Denial
(d) Hospice Criteria for Adult Alzheimer’s Disease & Related Disorders
2. Criteria below must be present at the time of initial certification and recertification for hospice. Alzheimer's disease and related disorders may support a prognosis of six months or less under many clinical scenarios. The structural and functional impairments associated with a primary diagnosis of Alzheimer's disease are often complicated by co morbid and/or secondary conditions. Co-morbid conditions affecting beneficiaries with Alzheimer's disease are by definition distinct from the Alzheimer's disease itself- examples include coronary heart disease (CHD) and chronic obstructive pulmonary disease (COPD). Secondary conditions on the other hand are directly related to a primary condition – in the case of Alzheimer's disease examples include delirium and pressure ulcers. The Reisberg Functional Assessment Staging (FAST) Scale has been used for many years to describe Medicare beneficiaries with Alzheimer's disease and a prognosis of six months or less. The FAST Scale is a 16-item scale designed to parallel the progressive activity limitations associated with Alzheimer's disease. Stage 7 identifies the threshold of activity limitation that would support a six-month prognosis; however at least 4 of the 6-substage FAST scale indicators must be present. The FAST Scale does not address the impact of co-morbid or secondary conditions. The presence of secondary conditions is thus considered separately by this policy. Patients must beet (i) and (ii) below:
(i) To be eligible for hospice, the individual must have documentation of a FAST scale level equal to 7 and documentation of at least 4 or 6 substage FAST scale indicators under level 7.
FAST Scale Items:
Stage #1: No difficulty, either subjectively or objectively
Stage #2: Complains of forgetting location of objects; subjective work difficulties
Stage #3: Decreased job functioning evident to coworkers; difficulty in traveling to new locations
Stage #4: Decreased ability to perform complex tasks (e.g., planning dinner for guests; handling finances)
Stage #5: Requires assistance in choosing proper clothing
Stage #6: Decreased ability to dress, bathe, and toilet independently:
Sub-stage 6a: Difficulty putting clothing on properly
Sub-stage 6b: Unable to bathe properly; may develop fear of bathing
Sub-stage 6c: Inability to handle mechanics of toileting (e.g., forgets to flush the toilet, does not wipe properly)
Sub-stage 6d: Urinary incontinence
Sub-stage 6e: Fecal incontinence
Stage #7: Loss of speech, locomotion, and consciousness:
Sub-stage 7a: Ability to speak limited to approximately a half dozen intelligible different words or fewer, in the course of an average day or in the course of an intensive interview
Sub-stage 7b: All intelligible vocabulary lost (Speech ability limited to the use of a single intelligible word in an average day or in the course of an intensive interview – the person may repeat the word over and over)
Sub-stage 7c: Non-ambulatory (Ambulatory ability lost – cannot walk without personal assistance)
Sub-stage 7d: Unable to sit up independently (Cannot sit up without assistance – e.g., the individual will fall over if there are not lateral rests [arms] on the chair)
Sub-stage 7e: Loss of ability to smile
Sub-stage 7f: Loss of ability to hold head up independently
3. Reasons for Denial
(e) Hospice Criteria for Adult Stroke and/or Coma
2. Criteria below must be present at the time of initial certification and recertification for hospice. The medical criteria listed below would support a terminal prognosis for individuals with a diagnosis of stroke. Patients must meet (i) and (ii) below:
(i) A Palliative Performance Scale (PPS) of less than or equal to 40.
(ii) Inability to maintain hydration and caloric intake with any one of the following:
(iii) The medical criteria for 3 listed below would support a terminal prognosis for individuals with a diagnosis of coma (any etiology):
(I) Comatose patients with any 3 of the following on day three or after of coma:
3. Reasons for Denial
(f) Hospice Criteria for Adult Amyotrophic Lateral Sclerosis (ALS)
2. Criteria for initial certification: Criteria below must be present at the time of initial certification for hospice. ALS tends to progress in a linear fashion over time. The overall rate of decline in each patient is fairly constant and predictable, unlike many other non-cancer diseases. No single variable deteriorates at a uniform rate in all patients. Therefore, multiple clinical parameters are required to judge the progression of ALS. Although ALS usually presents in a localized anatomical area, the location of initial presentation does not correlate with survival time. By the time patients become end-stage, muscle denervation has become widespread, affecting all areas of the body, and initial predominance patterns do not persist. In end-stage ALS, two factors are critical in determining prognosis: ability to breathe, and to a lesser extent ability to swallow. The former can be managed by artificial ventilation, and the latter by gastrostomy or other artificial feeding, unless the patient has recurrent aspiration pneumonia. While not necessarily a contraindication to hospice care, the decision to institute either artificial ventilation or artificial feeding will significantly alter six-month prognosis. Examination by a neurologist within three months of assessment for hospice is required, both to confirm the diagnosis and to assist with prognosis. Patients will be considered to be in the terminal stage of ALS (life expectancy of six months or less) if orthey meet the following criteria (must fulfill i, ii, or iii):
(i) The patient must demonstrate critically impaired breathing capacity
(I) Critically impaired breathing capacity as demonstrated by all the following characteristics occurring within the 12 months preceding initial hospice certification:
(ii) Patient must demonstrate both rapid progression of ALS and critical nutritional impairment all
(I) Rapid progression of ALS as demonstrated by the following characteristics occurring within the 12 months preceding initial hospice certification:
(iii) Patient must demonstrate both rapid progression of ALS and life-threatening complications
(II) Life-threatening complications as demonstrated by one of the following characteristics occurring within the 12 months preceding initial hospice certification:
3. Criteria for recertification: Criteria below must be present at the time of recertification for hospice. Patients will be considered to be in the terminal stage of their illness (life expectancy of six months or less) if they meet (i) and (ii) below:
(i) The patient must demonstrate critically impaired breathing capacity
(I) Critically impaired breathing capacity as demonstrated by all the following characteristics:
(ii) Patient must demonstrate rapid progression of ALS and at least one life-threatening complication.
(I) Life-threatening complications as demonstrated by one of the following characteristics:
4. Reasons for Denial
(g) Hospice Criteria for Adult Cancer
2. Criteria for initial certification or recertification: Criteria below must be present at the time of initial certification or re-certification for hospice. Patients will be considered to be in the terminal stage of cancer (life expectancy of six months or less) if (i) or (ii) below are present:
(ii) Progression from an earlier stage of disease to metastatic disease with either:
3. Reasons for Denial
(h) Hospice Criteria for Adult Heart Disease
2. Criteria for initial certification or recertification: Criteria below must be present at the time of initial certification or re-certification for hospice. The medical criteria listed below would support a terminal prognosis for individuals with a diagnosis of heart disease. Medical criteria (i) and (ii) must be present as they are important indications of the severity of heart disease and would thus support a terminal prognosis if met.
(i) When the patient is approved or recertified, the patient must already be optimally treated with Beta Blockers, diuretics, and vasodilators, which may include Angiotensin- Converting Enzymes (ACE) inhibitors or Angiotensin Receptive Blockers (ARBs) for a diagnosis of Heart Failure. This paragraph does not need to be satisfied if any of the following conditions are documented in the medical record and present at the time of certification or recertification:
(ii) The patient has significant symptoms of recurrent heart failure at rest, and is classified as a New York Heart Association (NYHA) Class IV:
(iii) Documentation of the following factors may provide additional support for end stage heart disease:
3. Reasons for Denial
(i) Hospice Criteria for Adult Liver Disease
2. Criteria for initial certification and recertification: Criteria below must be present at the time of initial certification/recertification for hospice. Patients will be considered to be in the terminal stage of liver disease (life expectancy of six months or less) if they meet the following criteria. Documentation in the record must support both (i) and (ii).
(i) Documentation of progression with active decline as evidenced by worsening clinical status, symptoms, signs and laboratory results. The patient’s terminal condition must be supported by one or more of the items below:
(I) Clinical Status
(III) Signs
(IV) Laboratory (When available. Lab testing is not required to establish hospice eligibility.)
(ii) End stage liver disease is present and the patient shows at least one of the following:
(iii) Documentation of the following factors will also support eligibility for hospice care:
3. Reasons for Denial
(j) Hospice Criteria for Adult Renal Disease
2. Criteria for initial certification: Criteria below must be present at the time of initial certification for hospice. Patients will be considered to be in the terminal stage of renal disease (life expectancy of six months or less) if they meet the following criteria:
(i) Acute renal failure (I) and (II) must be present)
(ii) Chronic renal failure (I), (II), and (III) must be present)
3. Criteria for recertification: Criteria below must be present at the time of recertification for hospice. Patients will be considered to be in the terminal stage of their illness (life expectancy of six months or less) if they meet the following criteria:
(i) Chronic renal failure (I), (II), or (III) must be present)
4. Reasons for Denial
The hospice has the responsibility to establish and maintain a permanent medical record for each patient that includes the following:
Author: Robin Arrington, Administrator, LTC Provider/Recipient Services Unit, Long Term Care Division
Statutory Authority: Title XIX, Social Security Act; 42 C.F.R. §418.20; State Plan.
History: Emergency Rule effective October 1, 1990. Permanent Rule effective February 13, 1991. Amended: Filed May 16, 2001; effective June 20, 2001. Amended: Filed May 12, 2005; effective June 16, 2005. Amended: Filed April 11, 2006; effective May 16, 2006. Amended: Filed September 12, 2006; effective October 17, 2006. Amended: Filed May 11, 2011; effective June 15, 2011. Amended: Filed August 15, 2011; effective September 19, 2011. Amended: Filed August 9, 2012; effective September 13, 2012. Amended: Filed March 16, 2015; effective April 20, 2015. Amended: Filed September 11, 2018; effective October 26, 2018. Amended: Published July 30, 2021; effective September 13, 2021.