MAC Pt. 2635, R. 15.1
In-Home Hospice Good Faith
Cite as Miss. Admin. Code Pt. 2635, R. 15.1
In-Home Hospice Good Faith
Recognizing the unique team-based approach utilized when treating in-home hospice patients, the
following represents four factors required to establish a proper physician-patient relationship:
i) The medical director must receive an order from the treating/referring physician
requesting the patient be admitted for hospice care. Self-referral by the physician
medical director may be necessary, and on those occasions, a second physician must
be consulted to affirm the decision for hospice admission. Physician Medical Directors
who self-refer a patient to their hospice, or to any hospice with whom the director has
a contractual relationship, must obtain informed consent from the patient. Additionally,
Physician Medical Directors must disclose to the primary care provider for the patient,
in writing, that the patient has been admitted to hospice;
ii) That the treating hospice physician or medical director has thoroughly reviewed the
medical records of the patient, as provided by the referring physician, has documented
the review, and has determined just cause exists for hospice admission (expected death
in six months or less), with documented follow-up review at every certification period
thereafter;
iii) That the actions of the physician are deemed within the course of legitimate
professional practice, as defined by the Centers for Medicare and Medicaid Services
(CMS); and
iv) That an evaluation of the patient occurs no later than thirty (30) days after the admission
of the patient to hospice. The evaluation shall consist of either a face to face with the
physician, face to face with a mid-level provider (PA or APRN), or a telemedicine visit
by the medical director with nursing support in the home. Regardless of how the
evaluation is accomplished, the author of any controlled substance prescriptions must
have evaluated the patient within the thirty (30) day time-period.
It shall be considered unprofessional conduct for a medical director to participate in active
recruitment for patient admission to hospice. For the purposes of this regulation, the term “active
recruitment” shall mean any unsolicited interaction with a patient for the purposes of convincing
a patient to enroll in hospice. As an example: having hospice staff or affiliates visit nursing home
patients, with whom the physician has no prior relationship, for the ultimate purpose of soliciting
their enrollment in hospice.
It shall be considered unprofessional conduct for physicians to document participation at Inter-
Disciplinary Group (IDG)8 meetings when they did not attend the meeting(s).
Nothing in this section shall preclude a hospice physician from fulfilling their duties to provide
physician services as needed to hospice patients.