Medicare Benefit Policy Manual (Pub. 100-02), Ch. 9 § 40.3
Contracting With Physicians
40.3 - Contracting With Physicians
(Rev. 141, Issued: 03-02-11, Effective: 01-01-11: Implementation: 03-23-11)
Section 1861(dd)(2) of the Act allows hospices to contract for physician services.
Medical directors and physician members of the IDG are not required to be employed by
the hospice. These physicians can be “under contract” with the hospice. Although the
Act does not specify what the terms of that contract must be, requirements at 42 CFR
418.64(a), 418.100(e), and 418.102(a) are applicable to hospice, as well as all other
responsibilities under the hospice conditions of participation. Hospices retain
professional management responsibilities for these services and must ensure that
qualified persons furnish them in a safe and effective manner. All physician employees
and those under contract must function under the supervision of the hospice medical
director. Since nurse practitioners are not included in the definition of a physician, this
section does not apply to nurse practitioners