Section R. 325.45349 - Contractual servicesRule 349.
(1) A hospice shall routinely provide all nursing, social work, and counseling services directly by hospice employees, except as provided in subrule (2) of this rule.(2) A hospice may contract with other health care providers or appropriate parties for nursing, social work, and counseling services to supplement hospice employees to meet the needs of patients under extraordinary or other non-routine circumstances.(3) A hospice may contract with other health care providers or appropriate parties for the provision of physician services and general services other than nursing, social work, and counseling services when the hospice does not have sufficient qualified staff or available adequate equipment to render such services directly.(4) The department may provide an exception to subrules (1), (2) and (3) of this rule for a hospice that meets all of the following:(a) The hospice requests an exception to contract for nursing services due to a shortage of nurses in the geographic area served by the hospice.(b) The hospice is in a non-urbanized area.(c) The hospice provides evidence to the department that it has made a good faith effort to hire a sufficient number of nurses to provide services.(5) Contracts for shared services must be written and delineate the authority and responsibility of the contracting parties. Contracts with providers must maintain the responsibility of the hospice for coordinating and administering the hospice program.(6) The hospice administrator shall maintain responsibility for coordinating and administering the contracted services of the hospice.(7) Any and all personnel provided to the hospice under the terms of contracted services must be licensed or credentialed as required by law.(8) All contracts must include financial arrangements and charges, including donated services.(9) All contracts must state the availability of service.(10) A contracted service must not absolve the hospice from responsibility for the quality, availability, documentation, or overall coordination of patient and family unit care or responsibility for compliance with any federal, state, or local law or rules and regulations.(11) All contracts must be reviewed and revised if necessary.(12) All contracts must be signed and dated by the hospice administrator or designee and the authorized official of the agency providing the contractual service.(13) All contracts must state that the contractor will provide services to the patient in accordance with the patient care plan developed by the hospice.(14) Employees of an agency providing a contractual service shall not seek or accept reimbursement in addition to that due the agency for the actual service delivered.(15) All contracts must prohibit the sharing of fees between a referring agency or individual and the hospice.Mich. Admin. Code R. 325.45349
2020 MR 4, Eff. 2/21/2020