Existing law: (1) requires any program of hospice care, regardless of whether the program is provided by a facility for hospice care, to be licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services; and (2) imposes certain requirements governing the operation of a program of hospice care. (NRS 449.029, 449.030, 449.196) Section 3 of this bill requires a program of hospice care to: (1) accept payment through Medicare; and (2) be accredited by a national accrediting agency. Section 3 also prohibits a program of hospice care from accepting new patients if any person who holds an ownership interest in the program of at least 5 percent is under investigation for or has been found to have committed a violation of federal, state or local law related to payment for health care. Finally, section 3 prohibits a program of hospice care from transferring the billing privileges of the program under Medicare within 60 months after: (1) being authorized to accept payment through Medicare; or (2) a change in the ownership of an interest of 50 percent or greater in the program. Sections 4 and 11 of this bill provide for the enhanced oversight of a program of hospice care during the first 2 years after initial licensure. Existing law requires a program of hospice care to have a medical director who is a licensed physician. (NRS 449.196) Sections 8 and 14 of this bill prescribe additional required qualifications of the medical director, and section 5 of this bill prescribes the duties of the medical director. Section 14 requires a program of hospice care to provide certain care, and section 17 of this bill provides that a patient of a program of hospice care has a right to such care. Sections 17 and 18 of this bill require a program of hospice care to inform a patient of that right. Section 15 of this bill removes provisions authorizing a facility for hospice care to provide certain care that the facility is required by section 14 to provide. Section 14 also requires: (1) the employees of a program of hospice care to receive certain training; and (2) a program of hospice care to obtain and document the informed, written consent of a patient or his or her representative for all treatment and all decisions regarding the care of the patient. Section 14 establishes certain other requirements governing the operation of a program of hospice care, including a requirement that the program designate an interdisciplinary team to develop, review and revise a plan of care for each patient. Sections 2, 7 and 8 of this bill make conforming changes so that “interdisciplinary team” is defined consistently for provisions of law regulating hospice care. Section 11 requires the State Board of Health to adopt regulations: (1) requiring a program of hospice care to establish an independent review board to assess compliance with relevant legal requirements and ethical standards; and (2) prohibiting persons with financial conflicts of interest from determining or assisting in the determination of whether a person is eligible to receive hospice care. Section 6 of this bill requires the Division to publish an annual report concerning the ownership and licensure of each program of hospice care and the results of inspections of such programs. Sections 9-13 and 16 of this bill make conforming changes to establish the applicability of sections 3-6 and provide for the enforcement of sections 3-6.

Statutes affected:
As Introduced: 449.001, 449.0115, 449.029, 449.0301, 449.0302, 449.160, 449.163, 449.196, 449.197, 449.240, 449A.118
BDR: 449.001, 449.0115, 449.029, 449.0301, 449.0302, 449.160, 449.163, 449.196, 449.197, 449.240, 449A.118