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The federal
government has published new rules that outline the rights of
Medicare beneficiaries who have elected the hospice
benefit.
To be eligible
for Medicare's hospice benefit, a beneficiary must be certified by a
physician to have a life expectancy of six months or less if the
illness runs its expected course. Hospice care offers ateam-oriented
approach to medical care, pain management, and emotional and
spiritual support tailored to the dying patient's needs and wishes.
Medicare pays for this kind of comprehensive end-of-life care
delivered at home or in a hospice facility, and the hospice benefit
includes many services not generally covered by Medicare.
Mr. Suzman sued
the state, claiming, among other things that the state policy is
preempted by federal law providing that a state plan for medical
assistance may not take "into account the financial responsibility
of any individual for any applicant or recipient of assistance under
the plan." The state asked the court to dismiss the
complaint.
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