Applicable Federal RegulationsSection 1864 of the Social Security Act authorizes the state to enforce standards for Medicare. Although CMS contracts with Texas HHSC to carry out the Medicare certification process, the CMS regional office is ultimately responsible for deciding whether or not a hospice may participate in the Medicare program.
Hospices participating in the Medicare program must must follow the federal hospice regulations found at Code of Federal Regulations (CFR), Title 42, Part 418 (applicable definitions are located at 42 CFR §418.3 in addition to all applicable state requirements found in 40 TAC Ch. 97.
Some differences exist between the federal regulations in 42 CFR, Part 418, and the state requirements at 40 TAC Chapter 97. Hospices pursuing Medicare certification must always follow the more stringent of the two, and maintain compliance with the more restrictive requirement.
|