The guidance also supports enforcement of the right of patients to designate the person of their choice, including a same-sex partner, to make medical decisions on their behalf should they become incapacitated. These rules were finalized by CMS in November and updated the conditions of participation for all Medicare- and Medicaid-participating hospitals.
CMS sent a letter to state survey agencies, which conduct on-site inspections of hospitals on behalf of CMS. The letter highlights the equal visitation and representation rights requirements and directs state survey agencies to be aware of the guidance when evaluating hospitals’ compliance with conditions of participation.
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