The Centers for Medicare and Medicaid Services (CMS) recently updated guidelines for obtaining and documenting informed consent. QSO-24-10[1] outlines CMS’ revisions and clarifications to the hospital interpretive guidelines. While this guidance specifically summarizes the requirements for acute hospitals, critical access hospitals should also review and update policies and processes for […]
Health Law Alert
DNR Orders: To Suspend the Order; to Limit or to Guide Resuscitation During Surgery
In 1990, Congress enacted the Patient Self-Determination Act (“the Act”), requiring that patients be informed of their rights under state law to consent to and refuse medical therapies on an informed basis. This federal law focuses on the patient’s right to refuse treatment, including life-sustaining services, recognizing that there is […]
New CMS Memorandum Regarding Texting of Orders
On February 8, 2024, CMS released updated guidance regarding the use of texting for orders. In prior guidance from 2018, CMS had stated that while it acknowledged that the use of texting had become an essential means of communication among hospital staff and providers, the texting of patient orders would […]
Legislature Passes Bill to Change the Nebraska Public Records Statutes and Open Meetings Act
Less than one week after the Nebraska Supreme Court issued an important decision for public entities in Nebraska Journalism Trust v. Nebraska Department of Environment, the Legislature passed a bill nullifying a key piece of the Court’s decision and making other changes to the Nebraska Public Records Statutes and Open […]
Health Care Entities Beware: Have you Inadvertently Formed a Controlled Group or Affiliated Service Group for your Employee Benefit Plans?
Health care entities – and their often complex structures with various degrees of related entities – are particularly prone to inadvertently forming a controlled group or affiliated service group for employee benefit plan purposes. While in some cases, related employers seek to form a controlled group or affiliated service group, […]