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Hospital consent forms also do not typically contain the names of all the persons who would be involved in a procedure.

The identities of those persons might not be known at the time the form is executed or might change.

Background The Medicare Conditions of Participation require patient records to contain properly executed informed consent forms for those procedures and treatments that require written patient consent, and they specifically require that there be a properly executed informed consent form in the patient’s chart before surgery, except in emergencies.

The new guidance comes as a relief to hospitals and physicians alike, as it reverses burdensome requirements CMS had previously attempted to impose on the informed consent process.

Accounts for medical fees must contain particular information for a Medicare benefit to be paid - Relevant Provision6.

Accounts for referred services must contain the date on which the service was given and the date on which the patient was referred - Relevant Provision7.

Finally, CMS states in the new Guidelines that the medical staff at each health care facility “should” specify in the medical staff bylaws those procedures and treatments that require informed consent.

In our view, the medical staff bylaws would not seem to be the best place for this information; the medical staff rules and regulations or a policy and procedure would seem to be better choices.

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