Final Guidance on "Never Events"


CMS recently finalized three national coverage determinations (NCDs) which deny coverage for erroneous surgical procedures. In August of last year, we informed you of CMS's proposed NCDs for certain "never events" related to surgical errors.

Such "never events" are included on the National Quality Forum's list of "serious Reportable Adverse Events." On January 15, 2009, CMS finalized these NCDs, which pertain to:

1. the wrong surgery performed on a patient;

2. surgery performed on the wrong patient; and

3. surgery performed on the wrong body part.

Not only do these policies implement CMS's long standing policy of denying coverage for services that are unreasonable and unnecessary, CMS's acting administrator, Kerry N. Weems believes these policies, "have the potential to reduce causes of serious illness or deaths to beneficiaries…." Ober|Kaler's Emily Wein discusses.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Ober|Kaler | Attorney Advertising

Written by:


Ober|Kaler on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.