Health Law Blog - Healthcare Legal Issues

Archive for January, 2010

Anesthesia Conditions of Participation – CMS Interpretive Guidelines

Tuesday, January 12th, 2010

 CMS Interpretive Guidelines – Anesthesia Conditions of Participation

On December 11, 2009 CMS released updated Interpretive Guidelines for the Anesthesia Services Condition of Participation (CoP) for Hospitals as an attachment to S&C memo 10-09. Among other things, this guidance was a response to requests for clarification of the distinction between analgesia and anesthesia, given that the regulation at 42 CFR 482.52(a) limits the administration of anesthesia to certain types of practitioners.

The guidance now specifies that hospitals must establish policies and procedures that address whether specific clinical situations involve anesthesia versus analgesia. In addition, hospitals must also specify the qualifications for each category of practitioner who administers analgesia and their supervision requirements. These policies must be based on nationally recognized guidelines. For those procedures that require the administration of anesthesia, the regulations at 42 CFR 482.52(a) concerning who may administer anesthesia continue to apply.  Hospitals that provide Anesthesia Services must also periodically evaluate the effects of their policies regarding the administration of analgesia and anesthesia on the safety of patients and adopt appropriate modifications to these policies as necessary.

 

With respect to the pre-anesthesia evaluation, the evaluation must be completed within 48 hours prior to surgery or a procedure requiring anesthesia services. However, some individual elements may be performed prior to that period, so long as they are reviewed and appropriately updated within the 48 hour timeframe.

John H. Fisher

Health Care Counsel
Ruder Ware, L.L.S.C.
500 First Street, Suite 8000
P.O. Box 8050
Wausau, WI 54402-8050

Tel 715.845.4336
Fax 715.845.2718

Ruder Ware is a member of Meritas Law Firms Worldwide

Search
Disclaimer
The Health Care Law Blog is made available by Ruder Ware for educational purposes and to provide a general understanding of some of the legal issues relating to the health care industry. This site does not provide specific legal advice and you should not use the information contained on this site to address your specific situation without consulting with legal counsel that is well versed in health care law and regulation. By using the Health Care Law Blog site you understand that there is no attorney client relationship between you and Ruder Ware or any individual attorney. Postings on this site do not represent the views of our clients. This site links to other information resources on the Internet; these sites are not endorsed or supported by Ruder Ware, and Ruder Ware does not vouch for the accuracy or reliability of any information provided therein. For further information regarding the articles on this blog, contact Ruder Ware through our primary website.