31.10.09.04

.04 Minimum Hospice Care Benefits.

A. Except as provided in §B of this regulation, the hospice care benefit offered shall include the following minimum benefits provided through a hospice care program:

(1) 30 days of inpatient care per insured;

(2) Part-time nursing care by or supervised by a registered graduate nurse;

(3) Counseling, including dietary counseling, for the terminally ill insured;

(4) Family counseling for the immediate family and the family caregiver before the death of the terminally ill insured;

(5) Bereavement counseling for the immediate family or family caregiver of the insured for at least the 6-month period following the insured's death or 15 visits, whichever occurs first;

(6) Respite care subject to the following:

(a) The annual benefit shall be at least 14 days, and

(b) The carrier may limit any one inpatient stay for respite care to 5 consecutive days; and

(7) Medical supplies, equipment, and medication required to maintain the comfort and manage the pain of the terminally ill insured.

B. If a contract does not include inpatient benefits, the carrier shall offer the benefits described in §A(2)-----(7) of this regulation.

C. If a contract contains hospital indemnity benefits but is defined as an expense incurred policy according to Regulation .02B(3) of this chapter, the hospice care benefit may limit the hospice daily inpatient benefit to the amount payable for hospital confinement under the contract.