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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
