(1) The hospice must be licensed under state law and must meet Medicare's conditions of participation for hospice programs and have a valid provider agreement with Medicare as conditions of enrollment in Medicaid.

(2) The department adopts and incorporates by reference the following sections of 42 CFR as amended June 5, 2008:

(a) 418.52 through 418.74;

(b) 418.78;

(c) 418.102 through 418.106; and

(d) 418.110 through 418.116.

(3) The department adopts and incorporates by reference the following sections of 42 CFR as amended August 6, 2009:

(a) 418.76;

(b) 418.100; and

(c) 418.108.

(4) These CFRs set forth Medicare's conditions of participation for hospice providers. A copy of the sections of CFR listed in (2) and (3) may be obtained from the Department of Public Health and Human Services, Health Resources Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59320-2951.

(5) The above requirements are in addition to those contained in ARM 37.82.102 and 37.85.401, 37.85.402, 37.85.406, 37.85.407, 37.85.410 and 37.85.414.

(6) The hospice must submit a physician listing with their provider application and update changes in the listing of the physicians which are hospice employees, including physician volunteers.

(7) The designated hospice must notify the department when the designated attending physician of a recipient in their care is not a hospice employee.