---
kind: "section"
citation: "42 C.F.R. § 418.28"
title: "42"
number: "418.28"
heading: "Revoking the election of hospice care."
url: "https://uscodex.org/cfr/42/418.28"
---

# §418.28. Revoking the election of hospice care.

- (a) An individual or representative may revoke the individual's election of hospice care at any time during an election period.
- (b) To revoke the election of hospice care, the individual or representative must file a statement with the hospice that includes the following information:
  - (1) A signed statement that the individual or representative revokes the individual's election for Medicare coverage of hospice care for the remainder of that election period.
  - (2) **The date that the revocation is to be effective.** (An individual or representative may not designate an effective date earlier than the date that the revocation is made).
- (c) An individual, upon revocation of the election of Medicare coverage of hospice care for a particular election period—
  - (1) Is no longer covered under Medicare for hospice care;
  - (2) Resumes Medicare coverage of the benefits waived under [§ 418.24(f)(2)](/cfr/42/418.24.md?p=f-2); and
  - (3) May at any time elect to receive hospice coverage for any other hospice election periods that he or she is eligible to receive.
- (d) When the hospice election is ended due to revocation, the hospice must file a notice of termination/revocation of election with its Medicare contractor within 5 calendar days after the effective date of the revocation, unless it has already filed a final claim for that beneficiary.

## Notes

### Amendments

[48 FR 56026, Dec. 16, 1983, as amended at 79 FR 50509, Aug. 22, 2014; 84 FR 38544, Aug. 6, 2019]

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 48 FR 56026, Dec. 16, 1983, unless otherwise noted.

### Amendments

[48 FR 56026, Dec. 16, 1983, as amended at 79 FR 50509, Aug. 22, 2014; 84 FR 38544, Aug. 6, 2019]