R539-3-8. Participation in Hospice Services

(1) A person receiving division funding may choose the Medicaid hospice benefit as described in Rule R414-14A for their end-of-life care. (a) The person shall meet hospice eligibility requirements as described in Section R414-14A-3. (b) The person may continue division services through a waiver program. (2) If a person loses the capacity to make an informed decision or legally authorize services, any end-of-life care decision shall be made by: (a) the agent designated by an executed Durable Power of Attorney for Health Care; (b) a guardian with the legal authority to make end-of-life decisions for the person; or (c) the team and provider human rights committee if an agent or guardian is not designated or appointed. (3) Disenrollment of a person receiving waiver funding based on the election of the hospice benefit shall be considered an involuntary disenrollment and requires approval from the Division of Integrated Healthcare in the department.