Centers for Medicare and Medicaid Services (“CMS”) Update

On June 15, 2012, the Centers for Medicare and Medicaid Services (“CMS”) issued an update regarding Regulation 42 C.F.R. 482.12, which effective July 16, 2012, requires participating Hospitals to have one or more members of the medical staff as a member of the Hospital’s governing body.  CMS received a number of comments against the proposed regulation, including from the American Hospital Association (AHA). In particular, the AHA argued that in some states there are laws which would conflict with this provision on the appointment or election of such governing bodies.  On the other hand the American Medical Association (AMA) has publicly supported this regulation and urges CMS to go forward with the rule.  In the June 15 notice, CMS stated that due to the comments from organizations like the AHA, CMS would review and reconsider this requirement in their future rule making.  CMS furthermore instructed the three CMS-approved accreditation organizations, the American Osteopathic Association, Det Norske Veritas Healthcare, and the Joint Commission, not to amend their accreditation standards related to this rule on the makeup of a Hospital’s governing body until CMS has completely addressed the issue.