(a)

1. (1) All agencies providing hospice services in the home shall comply with 20 CAR §§ 47-101 – 47-120.
2. (2) Inpatient direct care hospices shall comply with 20 CAR §§ 47-101 – 47-132.

(b) Licensure.

1. (1) No public or private agency or person shall establish, conduct, or maintain a hospice or hold itself out to the public as a hospice without first obtaining licensure from the Department of Health.

2. (2)

   1. (A) Licensure to operate a hospice issued by the department shall be based upon the results of an operational and physical plant survey conducted by the department to determine compliance with this part.
   2. (B) Licensure for the operation of a hospice program shall, unless sooner revoked, be for a period of one (1) year.

(c) Revocation.

1. (1) The department may deny, suspend, or revoke a license on any of the following grounds:

   1. (A) Violation of this part; or
   2. (B) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of a hospice.
2. (2) Revocation shall be effective for a minimum of ninety (90) days before the department accepts reapplication.
3. (3) Right of appeal shall be through the State Board of Health.

(d) Application.

1. (1)

   1. (A) An applicant shall file applications under oath with the department upon forms prescribed by the department.
   2. (B) The application shall be signed:

(i) By the owner;

1. (ii) If a partnership or corporation, by two (2) of its officers; and

   1. (iii) In the case of a governmental unit, by the head of the governmental unit having jurisdiction.

2. (2) The application shall set forth:

   1. (A) The full name and address of the hospice for which state licensure is sought; and
   2. (B) Such additional information as the department may require.
3. (3) An agency making initial application or requesting a change in service area shall submit a permit of approval from the appropriate agency.

(e) Change of ownership.

1. (1) The hospice shall notify the Division of Health Facilities Services in writing at least thirty (30) days prior to the effective date of change of ownership.

2. (2) The following information shall be submitted:

   1. (A) License application;
   2. (B) Request for Medicare certification, where applicable;
   3. (C) Legal documents, ownership agreements, the license previously issued to the hospice, and other information to support relicense requirements; and
   4. (D) Licensure fee.

(f) Name/address change.

1. (1) The hospice shall notify the division in writing of any name and/or address change.

2. (2) The following information shall be submitted:

   1. (A) The new address;
   2. (B) The previously issued license shall be returned to the division; and
   3. (C) Appropriate fee.

(g) Management contract.

1. (1) The licensed hospice shall notify the division in writing at least thirty (30) days prior to entering into a contract for overall management of the hospice.
2. (2) A copy of the contract shall be submitted to the division.