CMS Highlights Rights of Medicare Hospice Patients in Press Release

The Centers for Medicare & Medicaid Services (CMS) highlighted how patient rights are affected by the new hospice Conditions of Participation, which have been recently released. The new rule sets out a detailed list of patient rights.

Specifically, the rule says, patients who choose hospice, or palliative care, over curative treatment are entitled to such things as participation in their treatment plan; the right to effective pain management, the right to refuse treatment and the right to choose his or her own physician.

“As more patients and their families come to understand and select hospice care, we felt it was critical to outline what rights patients have to control the care they receive in their final days,” said Kerry Weems, acting administrator of CMS.

In addition, the press release noted these other changes to the regulations.

• A requirement that patient needs be initially assessed within 48 hours of electing the hospice benefit. The rule also requires that a comprehensive assessment occur within five days of electing the hospice and that updated assessments be done at least every 15 days thereafter.


• A requirement that each patient receive a full drug profile that examines issues ranging from the effectiveness of current drug therapies to potential drug interactions to drug side effects. A treatment team will consult with a qualified individual, such as a pharmacist, to ensure that drugs meet the needs of every hospice patient.


• A provision allowing a hospice to contract with another Medicare-certified hospice for nursing, medical social services, and counseling services under extraordinary or other non-routine circumstances, including travel of a patient outside of the hospice’s service area.


• Removal of a provision requiring an inpatient facility only providing respite care to have an RN on duty 24 hours a day. The patient’s needs, acuity and plan of care will drive the nursing and staffing requirements.