Quick Reference Card - Printable
42 CFR 418.22

Certification of Terminal Illness

42 CFR 418.22 · MBPM Pub. 100-02, Ch. 9, §20.1

Hospice CoP Training
Educational Use Only

Benefit Period Structure & Signatory Rules

PeriodDurationWho Must CertifyF2F Required?
1st90 daysHospice MD/designee/IDG physician PLUS attending physician (if patient has one)No
2nd90 daysHospice MD/designee/IDG physician onlyNo
3rd60 daysHospice MD/designee/IDG physician onlyYes - within 30 days before period start
Each subsequent 60-day60 daysHospice MD/designee/IDG physician onlyYes - within 30 days before period start

Required Certification Content (Every Period)

No templated narratives. CMS requires a patient-specific narrative describing the individual's clinical trajectory and prognosis-supporting findings. Copied boilerplate is a high-frequency denial trigger in medical review.
Required ElementOperational RequirementCommon Failure
6-month prognosis statementStates prognosis of ≤6 months if illness runs normal courseGeneric language without patient context
Patient-specific narrativeIndividual clinical findings supporting prognosisTemplated or copied from prior period
Supporting clinical informationIn record; may initially be verbal but must be documentedNarrative present; no corresponding chart documentation
Physician signature and dateAll certifications signed and dated by certifying physician(s)Unsigned; missing signature date (FY 2026 rule)
Benefit period datesSpecific start and end dates included in certificationMissing dates; dates misaligned to election timeline

Face-to-Face Encounter (3rd+ Benefit Periods)

RuleRequirementAuthority
Who may conductHospice physician or hospice NP only - NOT the attending42 CFR 418.22(a)(4)
Timing windowWithin 30 calendar days before the benefit period being recertified42 CFR 418.22(a)(4)
Attestation must includeEncounter date, practitioner signature, AND signature date (FY 2026 restored)42 CFR 418.22(b)(4); FY 2026 Final Rule
Telehealth authorityVerify current CMS guidance - limited statutory extension; not permanentCMS Hospice Center guidance

Certification Timing Quick Rules

  • Written certification: Must exist before claim submission
  • Oral exception: If written cert unavailable within 2 calendar days of period start - oral certification within 2 days; written before claim submission 42 CFR 418.22(a)(3)(i)
  • Early completion limit: No more than 15 calendar days before benefit period start date 42 CFR 418.22(a)(3)(ii)
Claim denial risk: Certification that does not meet timing rules is not merely a survey deficiency - missing or late certification results in claim denial for the entire benefit period until a compliant certification is obtained.
Educational Use Only. Not legal advice. Verify against current primary sources.