How the New CMS Informed Consent Guidelines for 2021 Will Impact Healthcare Practices
As healthcare practices strive to provide the best possible care for patients, keeping up with ever-changing regulations is crucial. In 2021, the new CMS informed consent guidelines will have a significant impact on healthcare practices across the country. Here’s what you need to know.
Background on CMS Informed Consent
The Centers for Medicare & Medicaid Services (CMS) is responsible for enforcing informed consent requirements for all healthcare providers who participate in federally funded programs. Informed consent is the process by which patients are informed about the benefits, risks, and alternatives to a medical procedure or treatment and then given the opportunity to make an informed decision about their care.
What’s New in the Guidelines?
The CMS has updated its informed consent guidelines to provide more detailed instructions for healthcare providers. This includes requiring providers to:
– Give patients enough time to consider their options and ask questions before making a decision
– Provide patients with the necessary information to make an informed decision, including explanations of the procedure or treatment, the risks and benefits, and the expected outcome
– Document the informed consent process in the patient’s medical record
The Impact on Healthcare Practices
The new guidelines will have a significant impact on healthcare practices, particularly when it comes to documentation. Providers will need to carefully document the informed consent process and ensure that it meets CMS requirements. This may require additional staff training and adjustments to current practices.
Additionally, providers will need to make sure that they are providing adequate information to patients to enable them to make informed decisions. This may involve providing written materials or other resources to patients to supplement verbal communication.
Examples of Compliance
Proper informed consent can protect healthcare providers against lawsuits and legal action. Recent cases have highlighted the importance of adherence to informed consent guidelines. For example, a neurosurgeon was sued and found liable for $10 million in damages after failing to obtain proper informed consent from a patient prior to performing a spinal cord surgery.
On the other hand, a physician who provided thorough informed consent to a patient and their family was able to successfully defend against a lawsuit related to a surgical complication. In this case, the physician had documented the informed consent process in detail, which helped to show that the patient had been fully informed before consenting to the surgery.
Conclusion
As the healthcare industry continues to evolve, it’s crucial that providers stay up-to-date on regulations and guidelines. Informed consent is a critical component of providing quality care to patients, and healthcare practices need to ensure that they are following CMS guidelines to avoid legal and ethical issues. By providing detailed information and carefully documenting the informed consent process, providers can protect themselves and provide the best possible care to their patients.
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