Medicare Blog

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

by Mrs. Oleta Botsford V Published 3 years ago Updated 2 years ago

The settlement that was reached resolves allegations that the hospice knowingly submitted false claims to Medicare for hospice services for patients who were not terminally ill. Medicare patients considered to be terminally ill become hospice-eligible when they have a life expectancy of six months or less if their illness runs its normal course.

Full Answer

Does Medicare cover hospice care for the terminally ill?

To be eligible to elect hospice care under Medicare, an individual must be entitled to Part A of Medicare and be certified as being terminally ill. An individual is considered to be terminally ill if the medical prognosis is that the individual’s life expectancy is six months or less if the illness runs its normal course.

Can I stay in my Medicare plan if I start hospice care?

If you were in a Medicare Advantage Plan before starting hospice care, you can stay in that plan, as long as you pay your plan’s premiums. If you stay in your Medicare Advantage Plan, you can choose to get services not related to your terminal illness from either providers in your plan’s network or other Medicare providers.

Do you need a terminal illness diagnosis for hospice care?

Apart from a certified terminal illness with six months or less life expectancy, there are disease-specific requirements for hospice care. As a rule of thumb, you should check for the following signs to help determine whether you should be seeking a terminal illness diagnosis and hospice care for your loved one.

What happens to my Medicare claims if hospice is revoked?

All Medicare coverable claims will continue to be billed to the FFS contractor as if the beneficiary were a fee-for-service beneficiary until the first day of the month following the month in which hospice was revoked.

What is the life expectancy criteria for admission to hospice?

Does your patient need hospice or palliative care? Patients are eligible for hospice care when a physician makes a clinical determination that life expectancy is six months or less if the terminal illness runs its normal course.

In which setting Does Medicare pay for the hospice benefit?

The Medicare Hospice Benefit covers end-of-life services related to a patient's terminal diagnosis in whatever setting the patient calls home, whether that's a traditional residence, an assisted living facility, or nursing home.

Who decides when a patient goes to hospice?

Patients, families, and healthcare providers make the hospice decision together. It's a healthcare decision. Healthcare providers use guidelines to help them decide whether a patient is eligible for Medicare-funded hospice care, which provides comfort-focused end-of-life care.

Can hospice care be excluded from a Medicare Advantage Plan?

Original Medicare will cover these services even if you choose to remain in a Medicare Advantage Plan or other Medicare health plan. If you were in a Medicare Advantage Plan before starting hospice care, you can stay in that plan, as long as you pay your plan's premiums.

How Much Does Medicare pay per day for hospice?

In 2018, the hospice care costs covered by Medicare daily are: Routine Home Care (Days 1–60): $193. Routine Home Care (Days 61+): $151. Continuous Home Care: $976.

What are the four levels of hospice care?

Every Medicare-certified hospice provider must provide these four levels of care:Hospice Care at Home. VITAS supports patients and families who choose hospice care at home, wherever home is. ... Continuous Hospice Care. ... Inpatient Hospice Care. ... Respite Care.

Who can make end of life decisions?

Everyone over 18 should have one. Must be completed while you are competent to know what you are signing, i.e. without dementia. Often used to decide on feeding tubes, ventilators, and other treatments at the end of life or when someone is unconscious. Only needs to be witnessed; does not need to be notarized.

Is hospice the right decision?

Hospice service is often recommended when: Curative treatments are no longer effective or a cure for the disease is not available. Potential treatments are offered with the goal of extending life, but the patient may see the side effects of treatment as worse than the condition itself. The patient has uncontrolled pain ...

How do you make a hospice decision?

To qualify for hospice care, your physician must certify that you meet the following criteria: Your physician diagnoses you with a life-limiting illness. As a result of your terminal illness, your life expectancy is six months or less if the disease follows its expected course.

What are the hospice modifiers for Medicare?

Hospice Modifier GW The GW modifier indicates that the service rendered is unrelated to the patient's terminal condition. All providers must submit this modifier when the service(s) provided are unrelated to the patient's terminal condition.

What's the difference between hospice and palliative care?

Hospice is comfort care without curative intent; the patient no longer has curative options or has chosen not to pursue treatment because the side effects outweigh the benefits. Palliative care is comfort care with or without curative intent.

What condition code is for not hospice related?

NOTE: that patient discharge status code 20 is not used on hospice claims. If the patient has died during the billing period, use codes 40, 41 or 42 as appropriate.

What happens when you choose hospice care?

When you choose hospice care, you decide you no longer want care to cure your terminal illness and/ or your doctor determines that efforts to cure your illness aren't working . Once you choose hospice care, your hospice benefit will usually cover everything you need.

How long can you be in hospice care?

After 6 months , you can continue to get hospice care as long as the hospice medical director or hospice doctor recertifies (at a face-to-face meeting) that you’re still terminally ill. Hospice care is usually given in your home but may also be covered in a hospice inpatient facility. Original Medicare will still pay for covered benefits for any health problems that aren’t part of your terminal illness and related conditions, but this is unusual. When you choose hospice care, you decide you no longer want care to cure your terminal illness and/or your doctor determines that efforts to cure your illness aren't working. Once you choose hospice care, your hospice benefit will usually cover everything you need.

How long can you live in hospice?

Things to know. Only your hospice doctor and your regular doctor (if you have one) can certify that you’re terminally ill and have a life expectancy of 6 months or less. After 6 months, you can continue to get hospice care as long as the hospice medical director or hospice doctor recertifies ...

What is hospice care?

hospice. A special way of caring for people who are terminally ill. Hospice care involves a team-oriented approach that addresses the medical, physical, social, emotional, and spiritual needs of the patient. Hospice also provides support to the patient's family or caregiver. care.

What is Medicare approved amount?

Medicare-Approved Amount. In Original Medicare, this is the amount a doctor or supplier that accepts assignment can be paid. It may be less than the actual amount a doctor or supplier charges. Medicare pays part of this amount and you’re responsible for the difference. for inpatient respite care.

Can you stop hospice care?

As a hospice patient, you always have the right to stop hospice care at any time. Prescription drugs to cure your illness (rather than for symptom control or pain relief). Care from any hospice provider that wasn't set up by the hospice medical team. You must get hospice care from the hospice provider you chose.

Can you get hospice care from a different hospice?

You can't get the same type of hospice care from a different hospice, unless you change your hospice provider. However, you can still see your regular doctor or nurse practitioner if you've chosen him or her to be the attending medical professional who helps supervise your hospice care. Room and board.

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 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.

How many hours a day do hospice nurses work?

In addition, a hospice nurse and doctor are on-call 24 hours a day, 7 days a week, to give you and your family support and care when you need it.

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 can you ask for a list of items that aren't 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.

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.

What rights do hospice patients have?

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.

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 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.".

Can you change hospice provider?

Patients have the right to change hospice providers once during each benefit period. Use Medicare's Hospice Compare online tool to find a Medicare-approved hospice provider in your area, compare agencies, file a complaint, or learn more about hospice care.

Does hospice care help with death?

But no one lives forever and there will come a time in everyone's life ( unless it's sudden and unexpected) when death is imminent. 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.

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.

Hospice Care

Hospice means a public agency or private organization primarily engaged in providing hospice care. Hospice care includes palliative care and they are used in unison by an interdisciplinary group to provide physical comfort and emotional and spiritual support to terminally ill patients and their families.

Medicare and Other Payors

Hospice care is covered by Medicare, Medicaid, and most private insurers, but patients may also receive hospice care if they are destitute or unable to pay. States may elect to include hospice in their Medicaid programs. Medicare is by far the predominant source of payment for hospice care in the United States.

Hospice Care Eligibility

Hospice care is governed by the guidelines and requirements contained in the Code of Federal Regulations (See 42 CFR ch iv. Part 418) and the Sections 1102, 1861 and 1871 of the Social Security Act.

Duration of Hospice Care

Initial treatment at a hospice is not provided in perpetuity until an individual succumbs to their illness, but care may be extended for successive periods. Federal law requires an individual to receive hospice care for (1) an initial 90-day period; (2) a subsequent 90-day period; or (3) an unlimited number of subsequent 60-day periods.

Patient Rights for Hospice Care

An individual or their representative may elect to receive hospice care if they properly file an election statement with that hospice, and the hospice must in turn file a Notice of Election (“NOE”) with its Medicare Contractor within 5 calendar days in order to receive payment during that period.

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.

What is hospice care?

Hospice care provides care and support for the terminally ill focusing on comfort, not on curing an illness. A specially trained team of professionals and caregivers provide hospice care for the "whole person,' including his or her physical, emotional, social, and spiritual needs as well as support to family members caring for a terminally ill individual.

How many days are hospice periods?

The periods consist of two, 90- day periods, and an unlimited number of 60-day periods. If the individual (or authorized representative) elects to receive hospice care, he or she must file an election statement with a particular hospice.

What is DME in hospice?

The hospice benefit once elected, defers responsible to the hospice for providing any and all services indicated in the plan of care as necessary for the palliation and management of the terminal illness and related conditions.

Why is it important to communicate with hospice?

It is important to communicate with the hospice to discuss the plan of care as this will help in determining if your services are related or unrelated to the terminal condition. Any services unrelated to the terminal condition must be billed with specific coding to identify that the services are not related to the terminal condition.

What is hospice grief counseling?

Grief and loss counseling for the patient and their family. Short-term inpatient care (for pain and symptom management) Short-term respite care (patients may need to pay a small copayment) Any other Medicare-covered services needed to manage pain and other symptoms, as recommended by the hospice team.

Is hospice based on the type of service performed?

Payment for physician services provided in conjunction with the hospice benefit is made based on the type of service performed. Professional services provided by a physician who is employed, contracted or a volunteer of the hospice are separately billable by the hospice.

Is hospice a Medicare benefit?

Hospice care is a benefit under the hospital insurance program. To be eligible to elect hospice care under Medicare, an individual must be entitled to Part A of Medicare and be certified as being terminally ill.

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