ARSD 44:80:01:05. Restrictions on acceptance of residents

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