(1) The hospice must be licensed under state law and must meet medicare's conditions of participation for hospice programs and have a valid provider agreement with medicare as conditions of enrollment in medicaid.

(2) The department hereby adopts and incorporates by reference 42 CFR 418.50 through 418.100, as amended through October 1, 1988, which set forth medicare's conditions of participation for hospice providers. Copies of 42 CFR 418.50 through 418.100, as amended through October 1, 1988, are available from the Department of Public Health and Human Services, Health Policy and Services Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.

(3) The above requirements are in addition to those contained in ARM 37.82.102 and 37.85.401, 37.85.402, 37.85.406, 37.85.407, 37.85.410 and 37.85.414.

(4) The hospice must submit a physician listing with their provider application and update changes in the listing of the physicians which are hospice employees, including physician volunteers.

(5) The designated hospice must notify the department when the designated attending physician of a recipient in their care is not a hospice employee.