Energy and Commerce Committee Leaders Investigate Allegations of Patient Safety Issues at Hospitals

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Last week, leaders of the U.S. House Committee on Energy and Commerce (the “Committee”) sent letters to CMS and four hospital accreditation organizations, expressing concerns regarding the rigor of the accreditation survey process and the adequacy of CMS’ oversight of the process. This inquiry follows an article published in The Wall Street Journal on September 8, 2017, which highlighted alleged patient-safety problems in multiple hospitals and allegations that accreditation organization are failing to withdraw approval when hospitals violate safety standards.

The Committee letter to CMS requests documents and information regarding CMS’s oversight of accreditation organizations, and documentation that hospitals participating in Medicare and Medicaid programs are meeting the required Conditions of Participation. Specifically, the letter requests:

  1. Copies of contracts between CMS and State Survey Agencies;
  2. Documentation that addresses disparity rates between validation surveys performed by State Survey Agencies and surveys performed by accreditation organizations;
  3. Communications between CMS and State Survey Agencies regarding hospital surveys performed by State Survey Agencies;
  4. Documentation that addresses reporting policies for adverse events and complaints among CMS, State Survey Agencies, and accreditation organizations; and
  5. Complaints CMS has received since FY 2012 alleging patient harm or misconduct in acute care hospitals, and any actions CMS took in response.

The Committee also sent letters to the following accreditation organizations: Bureau of Healthcare Facilities Accreditation, Center for Improvement in Healthcare Quality, DNV GL Healthcare, and The Joint Commission.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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