ARSD 44:79:01:05. Restrictions on acceptance of patients

A hospice shall accept patients in accordance with the following restrictions: (1) The hospice facility shall be certified by the Centers for Medicare and Medicaid Services as a Medicare certified hospice providing inpatient hospice services; (2) A patient accepted for care by a hospice shall be housed within the facility covered by the license; (3) A hospice may not accept or retain a patient who requires care in excess of the classification for which it is licensed; (4) Personnel essential to maintaining adequate staff may not leave a hospice during the person's tour of duty in the hospice to provide services to a person who is not patient of the hospice with the exception of providing emergency care on premises contiguous to the hospice's property; and (5) A hospice facility may only admit and retain a patient certified by a physician as terminally ill.