HOSPICE – NURSING HOME INTERFACE - Wisconsin Department of Health ...

HOSPICE ? NURSING HOME

INTERFACE

Guidelines for Care Coordination for Hospice Patients who Reside in

Nursing Homes

STATE OF WISCONSIN DEPARTMENT OF HEALTH SERVICES DIVISION OF QUALITY ASSURANCE

P-00252 (08/2023)

Hospice-Nursing Home Interface P-00252 (08/2023)

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TABLE OF CONTENTS

SECTION I ? INTRODUCTION AND BACKGROUND ........................................................................... 3 SECTION II ? REGULATORY REFERENCES ...................................................................................... 3 SECTION III ? CONTRACT CONSIDERATIONS .................................................................................. 4

A. INTRODUCTION ....................................................................................................................... 4 B. REGULATIONS RELATED TO THE HOSPICE / NURSING HOME AGREEMENT................... 4

1. Contract Requirements .......................................................................................................... 4 2. Hospice Regulations Federal (42 CRF 418.112): ................................................................... 4 3. Hospice Regulations State (DHS 131.30(2)): ......................................................................... 6 4. Nursing Home Regulations Federal (42 CRF 483.70(o)): ....................................................... 6 5. Reimbursement Issues........................................................................................................... 8 SECTION IV ? CLINICAL PROTOCOL DEVELOPMENT .................................................................... 10 A. Priority Areas ............................................................................................................................ 10 Admission Process....................................................................................................................... 10 Medical Orders............................................................................................................................. 11 Supplies and Durable Medical Equipment (DME)......................................................................... 12 Medications.................................................................................................................................. 12 Medical Record Management ...................................................................................................... 13 Hospice Services ......................................................................................................................... 13 Death Event ................................................................................................................................. 15 Quality Assessment Performance Improvement........................................................................... 15 Emergency Care / Change in Condition ....................................................................................... 15 Employment Issues...................................................................................................................... 16 B. Patient / Resident Assessment and Plan of Care...................................................................... 16 Use of the Minimum Data Set (MDS) 3.0 Resident Assessment Instrument (RAI) Manual ........... 18 Patient Change of Conditions....................................................................................................... 19 Potential Expected Outcomes ...................................................................................................... 19 Expected Outcomes..................................................................................................................... 21 Special Circumstances................................................................................................................. 21 SECTION V ? GUIDELINES FOR INSERVICE / EDUCATION PLANNING ......................................... 22 Initial Orientation .............................................................................................................................. 22 Ongoing Education .......................................................................................................................... 23

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SECTION I ? INTRODUCTION AND BACKGROUND

Persons who are eligible to access their hospice entitlement have the right to receive those services in their primary place of residence. For some persons, their chosen "home" is a skilled nursing facility. This document provides guidelines for hospice and skilled nursing home providers when jointly serving hospice patients who choose to reside in skilled nursing facilities.

This guideline is not a regulatory requirement, but it is consistent with federal and state regulations if properly implemented. It is intended as a tool for quality improvement that providers can integrate into their policies, procedures, and clinical practice. The document is not a "blueprint" for providers. The guidelines offer a framework to structure joint relationships to promote regulatory compliance and the mission of both hospice and nursing home providers in service to a common patient and their family at the end of life.

The Division of Quality Assurance (DQA) would like to thank the Wisconsin Hospice and Palliative Care Association (WiHPCA) for their collaboration on the content of this guideline.

SECTION II ? REGULATORY REFERENCES

Protocols and guidelines outlined in this document were developed with consideration for existing state and federal regulations.

Wisconsin State Statutes Chapter 50, Wisconsin State Statute

Wisconsin Administrative Code ? Chapter DHS 131, Hospices ? Chapter DHS 132, Nursing Home Rules

Federal ? 42 Code of Federal Regulation (CFR) Part 418, Hospice ? 42 CFR Part 483, Medicare and Medicaid; Requirements for Long Term Care Facilities ? Social Security Act Section 1861(dd) ? Centers for Medicare and Medicaid Services (CMS) State Operations Manual, Appendix M, Hospice Survey Procedures and Interpretive Guidelines ? Centers for Medicare and Medicaid Services (CMS) State Operations Manual, Appendix PP, Guidance to Surveyors for Long Term Care Facilities ? Centers for Medicare and Medicaid Services (CMS) Long Term Care Resident Assessment Instrument User's Manual

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SECTION III ? CONTRACT CONSIDERATIONS

A. INTRODUCTION

The following list of key considerations during hospice/nursing home contract negotiations is meant to assist providers in effectively coordinating provider services to the hospice patient receiving routine home care who resides in a nursing home. While by no means all-inclusive, these factors reflect many provisions found in the hospice and nursing home regulations and were compiled from comments and guidance distributed by authoritative state (Division of Quality Assurance) and federal (Centers for Medicare and Medicaid Services) sources.

The information that follows is specifically pertinent to the routine home care (when the resident is not receiving inpatient, continuous, or inpatient respite care) contract. It is not intended to comprehensively address considerations for inpatient and respite care, which hospices and nursing homes may elect to include as part of the same contract or as separate contracts. Providers are encouraged to review the following contract considerations, but since the listing is not exhaustive, are cautioned to also review their respective regulations, insurance and liability concerns, financial position and attorney's advice prior to entering into any formal contract.

B. REGULATIONS RELATED TO THE HOSPICE / NURSING HOME AGREEMENT

1. Contract Requirements

Federal Conditions of Participation (? 42 CFR 418.112) and State of Wisconsin rules and regulations (DHS 131.30) for hospice have specific requirements related to the written agreement. Nursing home regulations at 42 CFR 483.70(o) also provide information concerning nursing home requirements related to hospice services in a nursing home setting.

The agreement specifies the provision of hospice services in the nursing home and must be signed by authorized representatives of the hospice and the nursing home before the provision of hospice services. Whether a hospice is allowed access into a nursing home is the decision of the administrator/owner. While an exclusive or semi-exclusive arrangement can promote efficiency and safety, providers should avoid illegal inducements in negotiating.

2. Hospice Regulations Federal (42 CRF 418.112):

Written agreement. The hospice and the SNF/NF (Skilled Nursing Facility/Nursing Facility) or ICF/IID (Intermediate Care Facility for Individuals with Intellectual Disabilities) must have a written agreement that specifies the provision of hospice services in the facility. The written agreement must include at least the following:

a. The manner in which the SNF/NF or ICF/IID and the hospice are to communicate with each other and document such communications to ensure that the needs of patients are addressed and met 24 hours a day.

b. A provision that the SNF/NF or ICF/IID immediately notifies the hospice if: a. A significant change in a patient's physical, mental, social, or emotional status occurs. b. Clinical complications appear that suggest a need to alter the plan of care. c. A need to transfer a patient from the SNF/NF or ICF/IID. d. A patient dies.

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c. A provision stating that the hospice assumes responsibility for determining the appropriate course of hospice care, including the determination to change the level of services provided.

d. An agreement that it is the SNF/NF or ICF/IID responsibility to continue to furnish 24-hour room and board care, meeting the personal care and nursing needs that would have been provided by the primary caregiver at home at the same level of care provided before hospice care was elected.

e. An agreement that it is the hospice's responsibility to provide services at the same level and to the same extent as those services would be provided if the SNF/NF or ICF/IID resident were in his or her own home.

f. A delineation of the hospice's responsibilities, which include, but are not limited to the following: a. Providing medical direction and management of the patient. b. Nursing and Social Work c. Counseling (including spiritual, dietary and bereavement). d. Provision of medical supplies, durable medical equipment and drugs necessary for the palliation of pain and symptoms associated with the terminal illness and related conditions. e. All other hospice services that are necessary for the care of the resident's terminal illness and related conditions.

g. A provision that the hospice may use the SNF/NF or ICF/IID nursing personnel where permitted by State law and as specified by the SNF/NF or ICF/IID to assist in the administration of prescribed therapies included in the plan of care only to the extent that the hospice would routinely use the services of a hospice patient's family in implementing the plan of care.

h. A provision stating that the hospice must report all alleged violations involving mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and misappropriation of patient property by anyone unrelated to the hospice to the SNF/NF or ICF/IID administrator within 24 hours of the hospice becoming aware of the alleged violation.

i. A delineation of the responsibilities of the hospice and the SNF/NF or ICF/IID to provide bereavement services to SNF/NF or ICF/IID staff.

Hospice plan of care. A written hospice plan of care must be established and maintained in consultation with the nursing home representative. The hospice plan of care:

a. Must identify the care and services that are needed and specifically identify which provider is responsible for performing the respective functions that have been agreed upon and included in the hospice plan of care.

b. Must reflect the participation of the hospice, the nursing home or ICF/IID, and the patient and family to the extent possible.

c. Any changes in the hospice plan of care must be discussed with the patient or representative, and nursing home representative, and must be approved by the hospice before implementation.

Coordination of services. The hospice must:

a. Provide overall coordination of the hospice care of the SNF/NF or ICF/IID resident with SNF/NF or ICF/IID representatives; and

b. Communicate with the nursing home representatives and other health care providers participating in the provision of care for the terminal illness and related conditions and other conditions to ensure quality of care for the patient and family.

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