Medicare Blog

when is it legal to submit claims to medicare for hospice if the patient is not terminally ill

by Trey Heathcote V Published 3 years ago Updated 2 years ago

To qualify for Medicare 's hospice benefit, a beneficiary must be entitled to Medicare Part A, and a doctor must certify that the beneficiary has a life expectancy of six months or less. If the beneficiary lives longer than six months, the doctor can continue to certify the patient for hospice care indefinitely.

Full Answer

Is hospice considered terminally ill under Medicare?

At the start of the first 90-day benefit period, your hospice doctor and your regular doctor (if you have one) must certify that you’re terminally ill (with a life expectancy of 6 months or less). At the start of each benefit period after the first 90-day period, the hospice medical director or other hospice doctor must recertify that you’re terminally ill, so you can continue to get hospice care.

When to submit a hospice claim for a beneficiary?

 · Patients with Medicare Part A can get hospice care benefits if they meet the following criteria: They get care from a Medicare-certified hospice; Their attending physician (if they have one) and the hospice physician certifies them as terminally ill, with a medical prognosis of 6 months or less to live if the illness runs its normal course; They sign an election statement …

What happens to my Medicare plan if I go to hospice?

 · Hospices are required to submit a Notice of Termination/Revocation (NOTR), also known as a type of bill (TOB) 8XB, within 5 calendar days after a hospice discharge/revocation, unless a final claim has already been submitted. For additional information, refer to the Change Request 8877 CGS Web page.

When does a hospice have to file a notice of termination?

A benefit period starts the day you begin to get hospice care, and it ends when your 90-day or 60-day benefit period ends. At the start of the first 90-day benefit period, your hospice doctor and your regular doctor (if you have one) must certify that you’re terminally ill (with a life expectancy of 6 months or less).

How to find out if hospice is Medicare approved?

To find out if a hospice provider is Medicare-approved, ask one of these: Your doctor. The hospice provider. Your state hospice organization. Your state health department. If you're in a Medicare Advantage Plan (like an HMO or PPO) and want to start hospice care, ask your plan to help find a hospice provider in your area. ...

How long do you have to be on hospice care?

At the start of the first 90-day benefit period, your hospice doctor and your regular doctor (if you have one) must certify that you’re terminally ill (with a life expectancy of 6 months or less). At the start of each benefit period after the first 90-day period, the hospice medical director or other hospice doctor must recertify that you’re terminally ill, so you can continue to get hospice care.

How often can you change your hospice provider?

You have the right to change your hospice provider once during each benefit period. At the start of the first 90-day benefit period, your hospice doctor and your regular doctor (if you have one) must certify that you’re terminally ill (with a life expectancy of 6 months or less).

How long can you live in hospice?

Hospice care is for people with a life expectancy of 6 months or less (if the illness runs its normal course). If you live longer than 6 months , you can still get hospice care, as long as the hospice medical director or other hospice doctor recertifies that you’re terminally ill.

What is a hospice aide?

Hospice aides. Homemakers. Volunteers. A hospice doctor is part of your medical team. You can also choose to include your regular doctor or a nurse practitioner on your medical team as the attending medical professional who supervises your care.

When do you have to ask for a list of items and services that are not related to your terminal illness?

If you start hospice care on or after October 1, 2020 , you can ask your hospice provider for a list of items, services, and drugs that they’ve determined aren’t related to your terminal illness and related conditions. This list must include why they made that determination. Your hospice provider is also required to give this list to your non-hospice providers or Medicare if requested.

Does hospice cover terminal illness?

Once you start getting hospice care, your hospice benefit should cover everything you need related to your terminal illness. Your hospice benefit will cover these services even if you remain in a Medicare Advantage Plan or other Medicare health plan.

How long can a hospice patient be on Medicare?

After certification, the patient may elect the hospice benefit for: Two 90-day periods followed by an unlimited number of subsequent 60-day periods.

What is hospice care?

Hospice is a comprehensive, holistic program of care and support for terminally ill patients and their families. Hospice care changes the focus to comfort care (palliative care) for pain relief and symptom management instead of care to cure the patient’s illness. Patients with Medicare Part A can get hospice care benefits if they meet ...

How many days does hospice respite last?

Inpatient respite care: A day the patient elects to get hospice care in an approved inpatient facility for up to 5 consecutive days to give their caregiver a rest.

How much is coinsurance for hospice?

The coinsurance amount is 5% of the cost of the drug or biological to the hospice, determined by the drug copayment schedule set by the hospice. The coinsurance for each prescription may not be more than $5.00. The patient does not owe any coinsurance when they got it during general inpatient care or respite care.

What is the best treatment for a patient who died?

Dietary counseling. Spiritual counseling. Individual and family or just family grief and loss counseling before and after the patient’s death. Short-term inpatient pain control and symptom management and respite care. Medicare may pay for other reasonable and necessary hospice services in the patient’s POC.

What is the life expectancy of a hospice patient?

The FTF encounter must document the clinical findings supporting a life expectancy of 6 months or less. All hospice care and services offered to patients and their families must follow an individualized written plan of care (POC) that meets the patient’s needs.

What is hospice coinsurance?

Drugs and Biologicals Coinsurance: Hospices provide drugs and biologicals to lessen and manage pain and symptoms of a patient’s terminal illness and related conditions. For each hospice-related palliative drug and biological prescription:

How many hospice claims are allowed per month?

Due to sequential billing, hospice claims must be submitted monthly and processed in date order. In addition, only one claim is allowed per month, per beneficiary (except when the patient has been discharged/revoked, and re-elected hospice care).

What is hospice notice of election?

Hospice Claims Filing. The Medicare hospice benefit requires providers to submit a Notice of Election (NOE) and a claim. In some situations, a notice of a change of a hospice provider, or a Notice of Election Termination/Revocation (NOTR) also needs to be submitted.

What is a NOE in hospice?

The NOE is submitted to notify the Medicare contractor, and the Common Working File (CWF), of the start date of the beneficiary's election to the hospice benefit. The NOE is submitted after the beneficiary has signed the election statement and is only submitted once.

How long does it take to get a Notice of Termination/Revocation?

Hospices are required to submit a Notice of Termination/Revocation (NOTR), also known as a type of bill (TOB) 8XB, within 5 calendar days after a hospice discharge/revocation, unless a final claim has already been submitted.

Do hospice claims have to be billed sequentially?

Hospices claims must be billed sequentially. The first hospice claim for a beneficiary may be submitted only after the NOE has processed (P B9997). After the first claim processes (pays, denies or rejects), the subsequent claim can then be submitted.

When do you have to ask for a hospice list?

Note:If you start hospice care on or after October 1, 2020, you can ask your hospice provider for a list of items, services, and drugs that they’ve determined aren’t related to your terminal illness and related conditions. This list must include why they made that determination. Your hospice provider is also required to give this list to your non-hospice providers or Medicare if requested. Words in blue are defined on pages 15–16.

How to file a complaint with hospice?

If you or your caregiver has a complaint about the quality of care you get from your hospice provider, you can file a complaint with your hospice provider directly. If you are uncomfortable filing a complaint with your hospice provider, or if you’re dissatisfied with how your hospice provider has responded to your complaint, you can file a complaint with your BFCC-QIO by visiting Medicare.gov/claims-appeals/file- a-complaint-grievance/filing-a-complaint-about-your-quality-of-care or calling 1-800-MEDICARE (1-800-633-4227). TTY users can call 1-877-486-2048.

How much does Medicare pay for respite care?

For example, if Medicare approves $100 per day for inpatient respite care, you’ll pay $5 per day and Medicare will pay $95 per day. The amount you pay for respite care can change each year.

What is a Beneficiary and Family Centered Care Quality Improvement Organization?

Beneficiary and Family Centered Care Quality Improvement Organization (BFCC-QIO)—A type of QIO (an organization of doctors and other health care experts under contract with Medicare) that uses doctors and other health care experts to review complaints and quality of care for people with Medicare. The BFCC-QIO makes sure there is consistency in the case review process while taking into consideration local factors and local needs, including general quality of care and medical necessity.

How long do you have to be in hospice to live?

Note: Only your hospice doctor and your regular doctor (if you have one) can certify that you’re terminally ill and have 6 months or less to live.

What is hospice care?

Hospice is a program of care and support for people who are terminally ill (with a life expectancy of 6 months or less, if the illness runs its normal course) and their families. Here are some important facts about hospice:

How to appeal hospice care?

Contact your State Health Insurance Assistance Program (SHIP) if you need help filing or understanding an appeal. For more information on filing a claim or an appeal, visit Medicare.gov/claims-appeals or call 1-800-MEDICARE.

How long does hospice coverage last?

Medicare covers two 90-day periods of hospice coverage, followed by unlimited 60-day benefit periods, with access to additional benefit periods as long as the patient is recertified as terminally ill. Patients have the right to change hospice providers once during each benefit period.

What is hospice care?

Hospice Care: Conditions of Participation. Federal law defines palliative care as "patient and family-centered care that optimizes quality of life by anticipating, preventing, and treating suffering.". Medicare's hospice benefit regulations, therefore, incorporate the following ideals: Thank you for subscribing!

How does hospice care help?

For individuals who've reached that point in their lives, hospice care can ease their transition by addressing their palliative (pain management), emotional, social, and spiritual needs. Although hospice care providers have certain medical expertise, the goal is not to extend the life of the patient, but rather to manage pain and help the patient ...

What are the conditions of hospice care?

The conditions of participation for hospice providers, listed in 42 CFR Part 418, are too numerous to list in their entirety here. The following is just a summary of these conditions: 1 During the initial assessment in advance of care, the patient or representative must receive spoken and written notice of their rights and responsibilities. 2 The patient has the right to have their property and person treated with respect, to voice grievances regarding treatment or care, and to be free from discrimination or retaliation for exercising their rights. 3 Hospice must ensure that all alleged violations involving mistreatment, neglect, or abuse (including injuries of unknown source) are reported immediately and investigated promptly. 4 The patient has the right to receive effective pain management, to be involved in developing their hospice care plan, to refuse care or treatment, to choose their attending physician, and to receive information about the services covered (or not covered) by their hospice benefit. 5 Hospice registered nurses must complete an initial patient assessment within 48 hours after election of hospice care, followed by a comprehensive assessment by the hospice interdisciplinary group within five calendar days after election of hospice care. 6 The comprehensive assessment must include data allowing for the measurement of outcomes, which must be measured and documented on an ongoing basis.

What is the hospice patients alliance?

The Hospice Patients Alliance provides links to state codes pertaining to hospice care regulations. The following is a sample of state hospice regulations.

How long does it take to complete a hospice assessment?

Hospice registered nurses must complete an initial patient assessment within 48 hours after election of hospice care, followed by a comprehensive assessment by the hospice interdisciplinary group within five calendar days after election of hospice care.

What is CFR in hospice?

The U.S. Code of Federal Regulations (CFR) establishes more detailed Medicare regulations, including rules related to quality reporting requirements and process and appeals for Medicare Part D drug coverage. In order to participate in the Medicare hospice program, providers must comply with the "conditions of participation.".

When did Medicare start paying hospice services?

(Rev. 3577, Issued: 08-05-16; Effective: 01-01-17; Implementation: 01-03-17) Effective January 1 , 2005, Medicare allows payment to a hospice for specified hospice pre-election evaluation and counseling services when furnished by a physician who is either the medical director of or employee of the hospice.

When did hospice enter NPI?

For notice of elections effective prior to January 1, 2010, the hospice enters the National Provider Identifier (NPI) and name of the physician currently responsible for certifying the terminal illness, and signing the individual’s plan of care for medical care and treatment.

What is the HCPCS code for hospice?

Hospices must report a HCPCS code along with each level of care revenue code (651, 652, 655 and 656) to identify the type of service location where that level of care was provided.

How long does a hospice patient live?

The hospice enters the NPI and name of the hospice physician responsible for certifying that the patient is terminally ill, with a life expectancy of 6 months or less if the disease runs its normal course. Note: Both the attending physician and other physician fields should be completed unless the patient’s designated attending physician is the same as the physician certifying the terminal illness. When the attending physician is also the physician certifying the terminal illness, only the attending physician is required to be reported.

What is the Medicare election period?

Medicare systems refer to the 90-day or 60-day periods as ‘benefit periods.’ Therefore, hospices should be aware that when they see references to ‘election periods’ in regulation or in the Medicare Benefit Policy Manual, they are referring to what is called a ‘benefit period’ for purposes of claims processing.

What is the notr for hospice?

Hospices may submit an NOTR that corrects a revocation date previously submitted in error. In this case, the hospice reports the correct revocation date in the Through Date field and reports the original, incorrect revocation date using occurrence code 56. Medicare systems use the original, incorrect date to find the election record to be corrected, then replaces that revocation date with the corrected information.

Is hospice home care paid?

Routine Home Care - The hospice is paid the routine home care rate for each day the patient is under the care of the hospice and not receiving one of the other categories of hospice care. This rate is paid without regard to the volume or intensity of routine home care services provided on any given day, and is also paid when the patient is receiving outpatient hospital care for a condition unrelated to the terminal condition.

How long does it take for hospice to bill?

Time Care Coordination Carefully. Medicare allows hospice providers to bill claims within one year of the start date of service on a claim. Hospices are bound by Medicare’s rule of sequential billing, meaning claims must be filed monthly and must be filed in date order.

What is the bill code for hospice?

The hospice enters one of the following Type of Bill codes:#N#081x – Hospice (non-hospital based)#N#082x – Hospice (hospital based)#N#The fourth digit, designated with the “x” above, reflects the “frequency definition” and is designated as one of the following:

What is the HCPCS level 2 code for hospice?

Hospices must report a HCPCS Level II code with a level of care revenue code (651, 652, 655, and 6 56) to identify the service location where that level of care was provided. The following HCPCS level II codes report the type of service location for hospice services:#N#Q5001 Hospice or home health care provided in patient’s home/residence#N#Q5002 Hospice or home health care provided in assisted living facility#N#Q5003 Hospice care provided in nursing long term care facility (LTC) or non-skilled nursing facility (NF)#N#Q5004 Hospice care provided in skilled nursing facility (SNF)#N#Q5005 Hospice care provided in inpatient hospital#N#Q5006 Hospice care provided in inpatient hospice facility#N#Q5007 Hospice care provided in long term care facility#N#Q5008 Hospice care provided in inpatient psychiatric facility#N#Q5009 Hospice or home health care provided in place not otherwise specified (NOS)#N#Q5010 Hospice home care provided in a hospice facility#N#If care is rendered at multiple locations, identify each location on the claim with a corresponding HCPCS Level II code. For example, routine home care may be provided for a portion of the billing period in the patient’s residence, and another portion may be billed for time in an assisted living facility. In this case, report one revenue code 651 with HCPCS Level II code Q5001 and the number of days the routine home care was provided in the residence; and another revenue code 651 with HCPCS Level II code Q5002 and the number of days the routine home care was provided in the assisted living facility.

How long does it take for hospice to accept a NOE?

Providers have a maximum of five days to submit the NOE to (and receive acceptance from) their Medicare Administrative Contractor (MAC). “Provider liable days” apply when the hospice fails to file the NOE within five days. The hospice is responsible for providing all care and services to the patient as detailed in the plan ...

How long does it take to submit NOE to Medicare?

Providers have a maximum of five days to submit the NOE to (and receive acceptance from) ...

What is level of care 656?

Level of care 656: General inpatient care – Payment at the inpatient rate is made when general inpatient care is provided at a Medicare certified hospice facility, hospital, or SNF. When the patient is discharged deceased, the inpatient rate (general or respite) is paid for the discharge date.

What is hospice care?

Hospice care is end-of-life care for more than 1.65 million U.S. citizens every year—and that number is growing. Hospice involves an interdisciplinary team of healthcare professionals and trained volunteers who address symptom control, pain management, and emotional and spiritual support expressly tailored to the patient’s needs and wishes. The focus is caring, not curing. It is the model of high-quality, compassionate care that helps patients and families live as fully as possible.#N#I have had three relatives under hospice care. My personal experiences — along with five years’ working in hospice coding and billing — have corrected some misconceptions I used to have about hospice. For example, hospice is not “giving up,” nor is it a form of euthanasia or physician-assisted suicide. A Gallup poll reveals that 88 percent of adults would prefer to die in their homes, free of pain, surrounded by family and loved ones.#N#Hospice works to make this happen. For example, National Hospice and Palliative Care Organization research shows that 94 percent of families who had a loved one cared for by hospice rated the care as very good to excellent. The U.S. Department of Health and Human Services has indicated that expanding the reach of hospice care holds enormous potential benefits for those nearing end of life, whether they are in nursing homes, their own homes, or in hospitals.#N#Another important misconception is that hospice care is limited to six months of service. The Medicare Hospice Benefit does require that a terminally-ill patient have a prognosis of six months or less, but there is not a six-month limit to hospice care services.#N#Hospice eligibility requirements should not be confused with length of service. A patient in the final phase of life may receive hospice care for as long as necessary when a physician certifies that the patient continues to meet eligibility requirements. Under the Medicare Hospice Benefit, two 90-day periods of care (a total of six months) are followed by an unlimited number of 60-day periods.#N#Visit NHPCO’s Caring Connections at www.caringinfo.org for additional information about hospice and palliative care, advance care planning, caregiving, and more. The National Hospice and Palliative Care Organization also has many resources on their website at nhpco.org. Click on the resources tab to find answers to your questions.

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