Polsinelli Shughart Health Care Law e-Alert Polsinelli Shughart PC
Long-Term Care and Senior Housing Attorneys

  Matthew J. Murer
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Randal L. Schultz
Practice Area Vice-Chair

Alan K. Parver
Practice Area Vice-Chair

Janice A. Anderson
Douglas K. Anning
Cynthia E. Berry
Mary Beth Blake
Tina M. Boschert
Gerald W. Brenneman
Teresa A. Brooks
Jared O. Brooner
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Fredric J. Entin
Kara M. Friedman
Rebecca L. Frigy
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George Jackson, III
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Heidi R. Slaw
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Steven K. Stranne
Emily C. Tremmel
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Kimela R. West
Christopher K. Wilson
Mark R. Woodbury

 

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December 2010

 

A Polsinelli Shughart Health Care Update:

CMS Finalizes Rules Requiring Equal Visitation Rights For Hospital Patients

 

On November 17, 2010, the Centers for Medicare and Medicaid Services (CMS) released the final rule on hospital visitation that allows patients to designate their own visitors during a hospital stay (the Rule). The Rule, which will apply to any hospital that participates in Medicare or Medicaid, will go into effect January 16, 2011, approximately 60 days from when it is published in the Federal Register. The Rule will trump previous practices in many American hospitals that restricted visitors for some patients to spouses and immediate family –even in emergency rooms and intensive care units. The Rule creates a new right that applies to visitors in hospitals and will create new liabilities for hospitals that fail to safeguard the rights that a patient has to visitors under the Rule.

What You Need To Do Now

It is imperative that hospitals develop visitation policies and procedures if they do not have them, or review and revise existing policies and procedures if they do, before the Rule’s effective date of January 16, 2011. In doing so, hospitals need to evaluate and identify explicitly those clinically reasonable reasons to allow the hospital to restrict visitation under the Rule and also will likely need to change admission and advanced directive procedures to address the new requirements of the Rule.

For More Information

For more information about CMS rules requiring equal visitation rights for hospital patients click here.

If you have questions or need additional information about the requirements imposed on hospitals related to the rights of patients to have visitors, please contact:

 

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With more than 500 attorneys, Polsinelli Shughart PC is a national law firm that is a recognized leader in the areas of business law, financial services, real estate and business litigation. Serving corporate, institutional and individual clients, Polsinelli Shughart is redefining the business of law by sharing ideas, goals and outcomes with its clients. The firm builds enduring relationships by creating value beyond legal services – with passion, ingenuity and a sense of urgency. The firm can be found at www.polsinelli.com.

 
   
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