An individual shall waive all rights to Medicaid services that are covered under Medicare for the duration of the election of hospice care for the following services:

1. (1) Hospice care provided by a hospice other than the hospice designated by the recipient, unless provided under arrangements made by the designated hospice.

2. (2) Any Medicaid services that are related to the treatment of the terminal condition for which hospice care was elected or a related condition or services that are equivalent to hospice care except for services:

   1. (a) Provided by the designated hospice.
   2. (b) Provided by another hospice under arrangements made by the designated hospice.
   3. (c) Provided by the individual's attending physician if that physician is not an employee of the designated hospice and does not receive compensation from the hospice for those services.
3. (3) Medicaid covered services that are not related to the hospice recipient's terminal illness are not waived.

Author: Hattie M. Nettles, Associate Director, LTC Policy Advisory Unit

Statutory Authority: Title XIX, Social Security Act; 42 C.F.R. §418.24; State Medicaid Manual; State Plan.

History: Emergency Rule effective October 1, 1990. Permanent Rule effective February 13, 1991. Amended: Filed August 6, 1993; effective September 10, 1993. Amended: Filed August 11, 2008; effective September 15, 2008.