Section 6001(a) of the Patient
Protection and Affordable Care Act (the ACA) amended section
1877(d)(2) and (d)(3) of the Act to impose additional restrictions
in order to qualify for the rural provider and whole hospital
exceptions under the physician self-referral law. Among those
restrictions were provisions requiring hospitals to prevent
conflicts of interest by disclosing physician ownership or
investment interest to patients and also requiring hospitals to
take certain steps to ensure patient safety.
PL:
Pub.L. 111 - 148 6001 Name of Law: Limitation on Medicare
Exception to the Prohibition on Certain Physician Referrals for
Hospitals.
US Code: 42
USC 1395x(e) Name of Law: definition of the term "Hospital"
US Code:
42 USC 1395i-4(c) Name of Law: Medicare Ruaral Hospital
Flexibility Program Described
PL:
Pub.L. 109 - 171 5006(a)(1) Name of Law: Deficit Reduction
Act
PL:
Pub.L. 106 - 224 5006 Name of Law: Development of Strategic
Plan Regarding Physician Investment in Specialty Hospitals.
PL: Pub.L. 111 - 148 6001 Name of Law:
Limitation on Medicare Exception to the Prohibition on Certain
Physician Referrals for Hospitals.
Section 6001(a) of the Patient
Protection and Affordable Care Act (the ACA) amended section
1877(d)(2) and (d)(3) of the Act to impose additional restrictions
in order to qualify for the rural provider and whole hospital
exceptions under the physician self-referral law. Among those
restrictions were provisions requiring hospitals to prevent
conflicts of interest by disclosing physician ownership or
investment interest to patients and also requiring hospitals to
take certain steps to ensure patient safety. The new disclosure
requirements set forth in section 6001(a) of the ACA are: 1) A
hospital must disclose on any public website for the hospital or in
any public advertising that it is owned or invested in by
physicians. Hospitals will be required to develop and place this
information on their websites and/or in public advertisements and
update such information as needed. 2) A hospital must have
procedures in place to require that any referring physician
owner/investor in the hospital, as part of his or her continued
medical staff membership or admitting privileges, disclose to the
patient being referred to the hospital any ownership/investment
interest by the patient's treating physician(s). Hospital legal
staff will be required to develop, draft and implement changes to
the hospital's medical staff bylaws and policies governing
admitting privileges, and hospitals will be required to provide a
list of physician owners/investors to all of their staff
physicians. Referring physicians, in turn, will be required to take
the hospital-provided list of physician owners/investors and
develop a notice to patients stating that if the patient is treated
by any of the physicians on the list, such physician has a
financial relationship with the hospital and the patient may want
to evaluate whether to receive care from the hospital. 3)Following
a hospital's disclosure to a patient that it does not have a
physician available during all hours that the hospital is providing
services to such patient (a current requirement under our
regulations), the hospital must obtain a signed acknowledgment from
the patient stating that the patient understands that no physician
is available for that period. All hospitals (not just
physican-owned hospitals) will be required to add an acknowledgment
line to their existing disclosure forms, obtain the required
signature from the patient, and include a copy of the notice in the
patient's medical record.
$0
No
No
Yes
No
No
Uncollected
William Parham
4107864669
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
CMS-10225.REVISED-Supporting_Statement.doc
Physician-ownership of hospitals - patient disclosure and staff physician disclosure