We wanted to reach out as we have received some questions from hospices regarding the contracting requirements in the new long term care facility regulations related to hospice services at 42 C.F.R. 483.75(t) (the "New LTC Facility Regulations"). Specifically, hospices have asked whether all of the obligations set forth in the New LTC Facility Regulations are required to be in their written agreements. Only those obligations set forth in 42 C.F.R. 483.75(t)(2)(ii) are identified as requirements that must be addressed in the written agreement. The other provisions in the New LTC Facility Regulations are important obligations of the nursing home, but are not required to be detailed in the contract. To help illustrate this distinction when you discuss your contracts with nursing homes, we are providing and attaching two resources:
1. The Text of the New LTC Facility Regulations. As you will see, only section 42 C.F.R. 483.75(t)(2)(ii) of the regulation starts with the phrase "the written agreement must set out". This provision then goes on to enumerate the regulatory requirements that must be addressed in the contract.
2. A Checklist for the New LTC Facility Regulations. This document separates the obligations that must be in the written agreement from those that are not required to be included.
• For purchasers of our Hospice and Nursing Home/Assisted Living Contracting Toolkit, the checklist also identifies where in the toolkit's template Nursing Facility Services Agreement each contract obligation is addressed. If you have the toolkit, this checklist can be used to verify that the template agreement has not been changed in a manner that affects those contract obligations.
We hope these resources are helpful. For information on our toolkits or to sign up to receive hospice-related alerts, please visit our Hospice and Palliative Care Practice Group website and follow us on Facebook and Twitter.