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New Interpretive Guidelines for Patient Rights Conditions of Participation by Marta Fisher Linenberger
Foulston Siefkin LLP - Topeka Office
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February 29, 2012
Previously published on February 27, 2012
On April 15, 2010 President Obama, recognizing that many hospital visitors do not fall within the definition of the traditional nuclear family, issued a Memorandum on Hospital Visitation to the Secretary of Health and Human Services. The Memorandum directed Secretary Sibelius to initiate appropriate rulemaking to insure that hospitals participating in Medicare and Medicaid “respect the right of patients to designate visitors” who would “stand equal to immediate family members.” In addition, the Memorandum directed HHS to issue new guidelines under the Patient Rights Condition of Participation to guarantee that advance directives are respected and that patient “representatives” have the right to make informed health care decisions.
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