Hospice Laws & Patient Rights

Hospice Laws & Patient Rights

Last reviewed: 2026-05-01

Hospice is one of the most heavily regulated parts of American healthcare — and that's a good thing. The standards below exist to protect you. This page explains them in plain language.

Federal Standards: Conditions of Participation

Every hospice that accepts Medicare must meet the federal Conditions of Participation. These cover patient rights, assessment of each patient's needs, the interdisciplinary care team, the quality of care, infection control, and how a hospice is organized and run. The standards are set and enforced by the Centers for Medicare & Medicaid Services (CMS), and hospices are surveyed periodically to confirm compliance.

Read the full regulation (42 CFR Part 418) →

Your Rights as a Hospice Patient

The following rights are paraphrased from 42 CFR §418.52 — the federal Patient Rights condition of participation. They apply to every patient of every Medicare-certified hospice.

  • To receive effective pain management and symptom relief.
  • To be treated with dignity and respect, no matter who you are.
  • To participate in developing and changing your plan of care.
  • To choose your attending physician.
  • To privacy and confidentiality of your medical information, under HIPAA.
  • To refuse care or treatment without fear of consequences.
  • To voice grievances about your care without retaliation.
  • To be informed of services and any costs in advance, before they are provided.
  • To receive care without discrimination based on race, religion, national origin, gender, sexual orientation, gender identity, age, or disability.
  • To have your cultural background, language preferences, and personal values honored.

Read the official Patient Rights condition (42 CFR §418.52) →

Advance Directives

An advance directive is a way to make your wishes known ahead of time, in case you cannot speak for yourself. In California, there are three main forms to know about.

Living Will

A living will is a written record of the kinds of medical treatment you want — or don't want — if you are unable to communicate. In California, any adult can complete an Advance Health Care Directive that combines a living will with a healthcare power of attorney.

California Probate Code §4670 et seq. governs Advance Health Care Directives. Free forms are available from the California Hospital Association and the California Department of Justice.

POLST — Physician Orders for Life-Sustaining Treatment

POLST is different from a living will: it is an actual medical order, signed by a physician (or nurse practitioner or physician assistant), that travels with the patient across care settings. It is intended for people who are seriously ill or have a life-limiting condition. POLST records specific decisions — such as whether to attempt resuscitation, whether to transfer to a hospital, and what level of medical intervention to use.

In California, the POLST form is recommended to be printed on bright pink (Ultra Pink) paper so emergency responders can locate it quickly. The form is legally valid on any color paper or in electronic form.

Durable Power of Attorney for Healthcare (DPOA-HC)

A DPOA-HC names someone you trust — a spouse, adult child, friend — to make medical decisions for you when you cannot. In California, this is part of the same Advance Health Care Directive form. You can change or revoke the appointment at any time while you are able to do so.

How to File a Complaint or Grievance

If you believe you are not receiving the care you are entitled to, you have several options. You can use any or all of them.

Eminent Hospice Care directly

Direct line: (818) 824-3702 (24/7). Text-only: (213) 340-4429 (24/7). After business hours (Monday–Friday, 9 AM – 5 PM), our on-call nurse responds.

California Department of Public Health (CDPH), Licensing & Certification

(800) 228-1019 — open Monday through Friday, 8:00 AM to 5:00 PM Pacific.

Medicare Beneficiary Ombudsman

1-800-MEDICARE (1-800-633-4227) — available 24 hours a day, 7 days a week.

Federal law protects you: filing a complaint in good faith cannot result in retaliation, reduction of services, or discharge from hospice care.

HIPAA & Your Privacy

Your medical information is protected under the federal Health Insurance Portability and Accountability Act (HIPAA). We may use and share your information only as needed to deliver your care, coordinate with other providers, obtain payment, and comply with the law. We will not sell your information, and we will not share it for marketing without your written permission.

Our full Notice of Privacy Practices will be published before launch. The complete notice will be linked from the website footer when available.

HIPAA Notice