42 C.F.R. § 418.98 Condition of participation—Short term inpatient care.
Title 42 - Public Health
Inpatient care must be available for pain control, symptom management and respite purposes, and must be provided in a participating Medicare or Medicaid facility. (a) Standard: Inpatient care for symptom control. Inpatient care for pain control and symptom management must be provided in one of the following: (1) A hospice that meets the condition of participation for providing inpatient care directly as specified in §418.100. (2) A hospital or an SNF that also meets the standards specified in §418.100 (a) and (e) regarding 24-hour nursing service and patient areas. (b) Standard: Inpatient care for respite purposes. Inpatient care for respite purposes must be provided by one of the following: (1) A provider specified in paragraph (a) of this section. (2) An ICF that also meets the standards specified in §418.100 (a) and (e) regarding 24-hour nursing service and patient areas. (c) Standard: Inpatient care limitation. The total number of inpatient days used by Medicare beneficiaries who elected hospice coverage in any 12-month period preceding a certification survey in a particular hospice may not exceed 20 percent of the total number of hospice days for this group of beneficiaries. (d) Standard: Exemption from limitation. Until October 1, 1986, any hospice that began operation before January 1, 1975 is not subject to the limitation specified in paragraph (c). [48 FR 56026, Dec. 16, 1983, as amended at 55 FR 50835, Dec. 11, 1990]
Title 42: Public Health
PART 418—HOSPICE CARE
Subpart E—Conditions of Participation: Other Services
§ 418.98 Condition of participation—Short term inpatient care.

