2. Transparency and Required Disclosure of Hospital Investment and Ownership Information.

- Disclosure to Patients of Physician Ownership in Hospital. In the FY 2008 IPPS proposed rule issued on April 13, 2007, CMS proposed to require hospitals to disclose to patients whether they are owned in part or in whole by physicians, and if so, to make available the names of the physician owners. In addition, as a condition of continued medical staff membership, physicians would be required to inform patients of their ownership interests in a hospital at the time they refer patients to that hospital.


- Disclosure to CMS. Using its existing authority, CMS will be requiring hospitals to disclose information concerning physician investment and compensation arrangements. By July 2007, approximately 500 hospitals will be required to complete a Financial Relationship Disclosure Report and submit information to CMS for review. CMS is studying ways to implement a regular mandatory disclosure process that will apply to all Medicare participating hospitals.

3. Transparency in Emergency Services Capability.
- Disclosure to Patients. The FY 2008 IPPS proposed rule would require a hospital to notify all patients in writing if a doctor of medicine or doctor of osteopathy is not present in the hospital 24 hours a day, 7 days per week. The hospital would also be required to disclose how it would meet the medical needs of a patient who develops an emergency condition while no doctor is on site.

4. Obligations of Hospitals with Specialized Capabilities to Accept Appropriate Transfer of Individuals with Emergency Medical Conditions, as Required by the Emergency Medical Treatment and Labor Act (EMTALA)

- Accepting Emergency Transfers. The FY 2007 IPPS rule added language to the EMTALA rules clarifying that every participating hospital with specialized capabilities, regardless of whether or not it operates an emergency department (ED), must accept an appropriate transfer for which it has capacity and the necessary specialized capabilities to treat the patient.

5. Changes to Enrollment Form to Capture Type of Hospital.

- Identifying the Type of Hospital. CMS is developing changes to the Medicare provider enrollment application form and accompanying instructions that would clearly identify specialty hospitals as a separate category of hospitals. Implementation of the revised form is expected by September 2007.

For more information on the emergency services guidance issued today, see:

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