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Tuesday, April 2, 2024

After Issues over Intimate Exams HHS Clarifies Pointers for Knowledgeable Consent – CSU Legislation Library Weblog


photo of surgery patient being given anesthesiaThe U.S. Division of Well being & Human Companies (HHS), via the Facilities for Medicare & Medicaid Companies (CMS), simply launched Revisions and Clarifications to Hospital Interpretive Pointers for Knowledgeable Consent (Memo QSO-24-10-Hospitals).  The brand new steering was introduced in a 4/1/2024 “Letter to the nation’s instructing hospitals and medical faculties.”  It specifies “surveyors should make sure that a hospital’s affected person knowledgeable consent coverage and course of, in addition to its knowledgeable consent varieties, include parts and knowledge that permit for a affected person, or his or her consultant, to make absolutely knowledgeable selections about their care.”  The brand new steering motion resulted from media experiences and scientific literature highlighting “cases the place, as a part of medical college students’ programs of examine and coaching, sufferers have been subjected to delicate and intimate examinations – together with pelvic, breast, prostate, or rectal examinations – whereas beneath anesthesia with out correct knowledgeable consent being obtained….”  To additional deal with these issues, CMS may even quickly revise its hospital interpretive steering about knowledgeable consent (see State Operations Handbook, Appendix A-Hospitals).



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