Lexology April 16, 2024
On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”) released a memorandum to state survey agency directors highlighting revisions and clarification to the Hospital Interpretive Guidelines for Informed Consent (the “Guidance”). The Guidance clarifies informed consent requirements for the performance of pelvic, breast, prostate and rectal examinations (referred to in the Guidance as “sensitive exams”), particularly on patients under anesthesia.
In a letter addressed to the nation’s teaching hospitals and medical schools announcing the Guidance, HHS Secretary Xavier Becerra highlighted media reports and scientific literature on the practice of allowing medical students and residents to perform sensitive exams on patients under anesthesia for training purposes without first...
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