(1) A person receiving division funding may choose the Medicaid hospice benefit as described in Rule R414-14A for their end-of-life care.
- (a) The person shall meet hospice eligibility requirements as described in Section R414-14A-3.
- (b) The person may continue division services through a waiver program.
(2) If a person loses the capacity to make an informed decision or legally authorize services, any end-of-life care decision shall be made by:
- (a) the agent designated by an executed Durable Power of Attorney for Health Care;
- (b) a guardian with the legal authority to make end-of-life decisions for the person; or
- (c) the team and provider human rights committee if an agent or guardian is not designated or appointed.
- (3) Disenrollment of a person receiving waiver funding based on the election of the hospice benefit shall be considered an involuntary disenrollment and requires approval from the Division of Integrated Healthcare in the department.
KEY: people with disabilities, rights
Date of Last Change: July 23, 2025
Notice of Continuation: June 24, 2024
Authorizing, and Implemented or Interpreted Law: 26B-6-402; 26B-6-403