2002 Minnesota Statutes

     144A.48 Hospice programs. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the following terms have the meanings given to them: 

    (1) "Core services" means physician services, registered 
 nursing services, medical social services, pastoral care or 
 other counseling services, and volunteer services that are 
 provided either directly by the hospice program or through a 
 service contract or other arrangement; 

    (2) "Hospice patient" means an individual who has been 
 diagnosed as terminally ill with a probable life expectancy of 
 under one year, as documented by the individual's attending 
 physician, and who alone or, when unable, through the hospice 
 patient's family has voluntarily consented to and received 
 admission to a hospice program; 

    (3) "Hospice patient's family" means relatives of the 
 hospice patient, the hospice patient's guardian, primary 
 caregivers, or persons identified by the hospice patient as 
 having significant personal ties; 

    (4) "Hospice program" means palliative and supportive care 
 and other services provided by an interdisciplinary team under 
 the direction of an identifiable hospice administration to 
 terminally ill hospice patients and their families to meet the 
 physical, nutritional, emotional, social, spiritual, and special 
 needs experienced during the final stages of illness, dying, and 
 bereavement, through a centrally coordinated program that 
 ensures continuity and consistency of home and inpatient care 
 provided directly or through an agreement; 

    (5) "Interdisciplinary team" means a group of qualified 
 individuals with expertise in meeting the special needs of 
 hospice patients and their families, including, at a minimum, 
 those individuals who are providers of core services; 

    (6) "Palliative care" means care directed at managing the 
 symptoms experienced by the hospice patient and intended to 
 enhance the quality of life for the hospice patient and the 
 patient's family, but not directed at curing the illness; 

    (7) "Residential hospice facility" means a facility located 
 in a residential area in a facility that resembles a 
 single-family home, that directly provides 24-hour residential 
 and support services in a home-like setting for hospice patients 
 as an integral part of the continuum of home care provided by a 
 hospice licensed under subdivision 2, and that houses: 

    (i) no more than eight hospice patients; or 

    (ii) at least nine and no more than 12 hospice patients 
 with the approval of the local governing authority, 
 notwithstanding section 462.357, subdivision 8; and 

    (8) "Volunteer services" means services by volunteers who 
 provide a personal presence that augments a variety of 
 professional and nonprofessional services available to the 
 hospice patient, the patient's family, and the hospice program.  

    Subd. 2.    License requirements.  A hospice program may 
 not operate in the state or use the words "hospice" or "hospice 
 program" without a current license issued by the commissioner of 
 health.  The commissioner shall license hospice programs using 
 the powers and authorities contained in sections 144A.43 to 
 144A.47.  In addition a hospice program must provide: 

    (1) centrally coordinated hospice core services in the home 
 and inpatient settings; 

    (2) that the medical components of the hospice program are 
 under the direction of a licensed physician who serves as 
 medical director; 

    (3) that the palliative medical care provided to a hospice 
 patient is under the direction of the attending physician; 

    (4) an interdisciplinary team that meets regularly to 
 develop, implement, and evaluate the hospice program's plan of 
 care for each hospice patient and the patient's family; 

    (5) accessible hospice care, 24 hours a day, seven days a 
 week; 

    (6) an ongoing system of quality assurance; 

    (7) that volunteer services are provided by individuals who 
 have completed a hospice training program and are qualified to 
 provide the services; 

    (8) a planned program of supportive services available to 
 patients' families during the bereavement period; and 

    (9) that inpatient services are provided directly or by 
 arrangement in a licensed hospital or nursing home. 

    Subd. 3.    Required inspections.  The commissioner 
 shall inspect the hospice program, the home care and the 
 inpatient care provided by the hospice program to determine if 
 the requirements of sections 144A.45 to 144A.48 are met. 

    Subd. 4.    Rule authority.  The commissioner shall 
 promulgate rules to implement the provisions of this section. 

    Subd. 5.    License designation.  A license issued to a 
 home care provider meeting the requirements contained in this 
 section shall indicate that the provider is qualified to offer 
 hospice care. 

    Subd. 6. Repealed, 2000 c 317 s 2 

    HIST: 1987 c 378 s 8; 1992 c 595 s 23,24; 1998 c 254 art 1 s 
 35; 2000 c 317 s 1 

*   NOTE:  This section is repealed by Laws 2002, chapter 252, 
*section 25, upon adoption of licensure rules under section 
*144A.752, subdivision 1.