(1) An individual or representative may revoke the individual election of hospice care at any time during an election period. The department will follow Medicare guidelines in administering this provision.

(2) The department adopts and incorporates by reference 42 CFR 418.28, as amended August 6, 2019, which sets forth the Medicare requirements for revoking the election of hospice care. Copies of 42 CFR 418.28 are available from the Department of Public Health and Human Services, Health Resources Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.

(3) When the hospice election is ended due to revocation, the hospice must file a Notice of Revocation of Election with the department within five calendar days after the effective date of the revocation, unless it has already filed a final claim for that beneficiary. A Notice of Revocation must be sent to the Senior & Long Term Care Division, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.