(1) In order to be eligible to elect hospice care under Medicaid, an individual must be certified as being terminally ill in accordance with Medicare certification requirements.

(2) The department adopts and incorporates by reference 42 CFR 418.22, as amended August 4, 2011, which sets forth Medicare conditions for certification of terminal illness to qualify an individual to be eligible to elect hospice care. Copies of 42 CFR 418.22 are available from the Department of Public Health and Human Services, Health Resources Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.