Section He-W 544.09 - Revocation of Hospice Care(a) The recipient or the recipient's agent or legal guardian may revoke the recipient's election of hospice care at any time in accordance with 42 CFR 418.28.(b) To revoke the election of hospice care, the following shall occur: (1) The recipient or the recipient's agent or legal guardian shall provide a signed and dated written statement of revocation to the recipient's election of hospice care;(2) If a signed statement cannot be obtained, a verbal statement shall be obtained, and the date of which shall be documented in the recipient's medical record; and(3) If a verbal statement is obtained pursuant to (b) above, then the recipient or the recipient's agent or legal guardian shall provide the written statement described in (a) above at a later date.(c) A recipient or the recipient's agent or legal guardian shall not designate a revocation effective date earlier than the date the revocation is made as allowed in (a) and (b) above.(d) Within 5 business days of a recipient revoking the recipient's election of hospice care, the designated hospice shall notify the department of the date that the revocation is to be effective.(e) Effective with the revocation date specified, the recipient shall no longer be covered under the hospice benefit and shall resume eligibility for all medicaid benefits previously waived pursuant to He-W 544.02(a)(4).(f) A recipient who revokes the recipient's election of hospice care shall be eligible to elect hospice care for any remaining election periods in accordance with He-W 544.04.N.H. Admin. Code § He-W 544.09
Amended by Number 6, Filed February 8, 2024, Proposed by #13847, Effective 1/6/2024, Expires 1/6/2034 (formerly He-W 544.08) (See Revision Note at part heading for He-W 544).