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Hospice Caps May Restrict Care

Like most eldercare advisors I tend to recommend that families consider Hospice care when a patient seems to have exhausted all the available medical options. As a rule we encourage this option as early as possible, because the support and care offered by most Hospice agencies is so beneficial to the patient and their families. Rather than wait until the end is imminent, we hope that patients and families will opt for Hospice as soon as they are eligible.

In 1998 Hospice regulations were loosened to permit Medicare beneficiaries to receive care for longer than six months if, in the best judgment of their physician, their life expectancy remained at six months or less. This meant that Hospice patients could be "recertified" for an unlimited number of 6 month periods, as long as their life expectancy remained 6 months or less. Many patients have received Hospice care for several "certification periods" under this new rule.

However, things may be changing again, and it is important to know how Hospice agencies are paid for their work so you can understand and hopefully work around any Hospice roadblocks you may encounter in the future.

Like all medical providers, Hospice agencies must make a profit from providing care to terminally ill patients or they will soon no longer be able to provide care. Even "nonprofit" agencies must make enough to cover their expenses.

The way Hospice agencies are paid for providing care has a lot to do with whether you will be able to receive care when you and your doctor think it's time.

Medicare has capped the amount that they will pay an agency for providing Hospice care to any single patient. This year that cap is $21,410 for the fiscal year ending October 31, 2007.

This cap is not a cap on the amount an individual patient may use. Instead, it is a per-patient cap on the amount the Hospice provider will be paid per patient. If the Hospice provider ends the year having received more than $21,410 per patient, they must return any overpayment to Medicare.

To put it simply, for every patient who lives longer than six months with Hospice care, that Hospice must have several patients who lived considerably less than 6 months, so that the average cost for all their patients remains under $21,410 for the year.

In the beginning, Hospice cared primarily for cancer patients. It was fairly easy to predict how long any individual patient would live because most cancers are predictable. However, in recent years Hospice providers have been caring for more patients who have unpredictable illnesses, such as dementia or heart disease. These patients often outlive their initial six months' prognosis. As a result, the amount that these agencies have had to send back to Medicare is in the millions.

What this means for you is that from now on you may find it harder to find a Hospice agency that is willing to admit your loved one unless he or she has a well-defined illness, such as cancer. While Medicare still says that a beneficiary is Hospice-eligible if he or she has a "life expectancy of 6 months or less if the terminal illness runs its course," for those with an illness that is less predictable, you may find that you can't get Hospice care until your loved one is "actively dying."

If you and your doctor have decided together that it is time to turn to Hospice care, you may find that you have to "shop" several Hospice agencies to find one that will admit your loved one. Much will depend on the "patient census" of the Hospices you contact, and how confident they are that admitting your loved one will not send the agency too far over the "cap." Each Hospice will have a different patient population. One may have several patients who have been with them longer than six months. They will understandably be cautious about adding more patients who may live longer than six months. Others may have fewer patients who have been with them more than six months. These agencies will be more willing to "take a chance."

Bless all Hospice agencies. They are being forced to walk a financial tightrope they didn't anticipate when they began providing care. Most are fine people who have a dedication to their mission that is hard to comprehend. They are devastated when they have to turn patients down. But if they don't, they will soon be out of business.

So don't give up if one agency tells you they can't admit your loved one. Keep trying. Eventually you should find a willing and able agency.

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