Page:United States Statutes at Large Volume 96 Part 1.djvu/402

 96 STAT. 360

"Hospice program."

42 USC I395d.

PUBLIC LAW 97-248—SEPT. 3, 1982 "(G) short-term inpatient care (including both respite care and procedures necessary for pain control and acute and chronic symptom management) in an inpatient facility meeting such conditions as the Secretary determines to be appropriate to provide such care, but such respite care may be provided only on an intermittent, nonroutine, and occasional basis and may not be provided consecutively over longer than five days, and "(H) counseling (including dietary counseling) with respect to care of the terminally ill individual and adjustment to his death. The care and services described in subparagraphs (A) and (D) may be provided on a 24-hour, continuous basis only during periods of crisis (meeting criteria established by the Secretary) and only as necessary to maintain the terminally ill individual at home. "(2) The term 'hospice program' means a public agency or private organization (or a subdivision thereof) which— "(A)(i) is primarily engaged in providing the care and services described in paragraph (1) and makes such services available (as needed) on a 24-hour basis and which also provides bereavement counseling for the immediate family of terminally ill individuals, "(ii) provides for such care and services in individuals' homes, on an outpatient basis, and on a short-term inpatient basis, directly or under arrangements made by the agency or organization, except that— "(I) the agency or organization must routinely provide directly substantially all of each of the services described in subparagraphs (A), (C), (F), and (H) of paragraph (1), and "(II) in the case of other services described in paragraph (1) which are not provided directly by the agency or organization, the agency or organization must maintain professional management responsibility for all such services furnished to an individual, regardless of the location or facility in which such services are furnished; and "(iii) provides assurances satisfactory to the Secretary that the aggregate number of days of inpatient care described in paragraph (1)(G) provided in any 12-month period to individuals who have an election in effect under section 1812(d) with respect to that agency or organization does not exceed 20 percent of the aggregate number of days during that period on which such elections for such individuals are in effect; "(B) has an interdisciplinary group of personnel which— "(i) includes at least— "(I) one physician (as defined in subsection (r)(l)), "(II) one registered professional nurse, and "(III) one social worker, employed by the agency or organization, and also includes at least one pastoral or other counselor, "(ii) provides (or supervises the provision of) the care and services described in paragraph (1), and "(iii) establishes the policies governing the provision of such care and services; "(C) maintains central clinical records on all patients; "(D) does not discontinue the hospice care it provides with respect to a patient because of the inability of the patient to pay for such care;

�