I seriously doubt that there's a federal law forbidding hospices from accepting non-terminal (or more than 6 months to terminal) patients. More likely, the law forbids Medicare from PAYING for hospice care under these circumstances. Federal meddling is mostly accomplished via strings attached to money, rather than directly, and I can't imagine what sort of wacko interpretation of the Constitution would enable the feds to prohibit a fully conscious person (as many hospice entrants are) from choosing to move into a hospice when a doctor has predicted say another 7-8 months to live.
So...which level has Terri rec'd? Who has been paying for her stay in a facility that provides nothing for Terri?
Levels of Hospice Care
There are four levels of hospice care defined by Medicare and paid by Medicare, Medicaid, and most other insurance plans. Hospice care is available no matter where you live. Hospice keeps you in the setting that best meets your needs. Some or all of these levels of care may be used during hospice care.
Routine Care. The patient continues to live at home and receive hospice services. The family is able to handle the care of the patient with assistance from the hospice interdisciplinary team. Routine hospice care is also available in many other settings including, but not limited to, nursing homes, assisted living facilities, and hospice residential facilities.
Continuous Care. Skilled nursing services are provided in the patient's place of residence to help during a crisis period.
Inpatient Care. This care is provided in a facility (hospital, nursing facility, or hospice freestanding inpatient facility) for symptoms or crises that cannot be managed in the patient's home. Inpatient care is provided for a limited period of time, as determined by the physician and hospice.
Respite Care. This service is provided in a facility (hospital, nursing facility, or hospice freestanding inpatient facility) and is designed to give caregivers a rest. Respite care is limited to five days and nights at a time. This service is often used to provide a break so that caregivers can participate in other family activities, such as holiday celebrations, or just to relieve a tired caregiver for a few days.
The hospice or the attending physician determine what levels of care are needed. Not all patients use or need all levels of care, yet all are available if needed.
http://www.floridahospices.org/