Judith Waltz Quoted on HHS Directive on Consent for Sensitive Medical Exams

Foley & Lardner LLP partner Judith Waltz is quoted in the Law360 article, “HHS Underlines Consent Priority For Pelvic, Prostate Exams,” offering insight on new federal guidance from the U.S. Department of Health and Human Services which states teaching hospitals and medical schools must have written consent before conducting sensitive medical examinations.

Waltz, who is co-chair of Foley’s Health Care Practice, said this issue is important because Centers for Medicare & Medicaid Services (CMS) is expressing concern and not just “disrespecting the complaints of patients and their caregivers.” Including the conditions of participation in this requirement is a big deal because the agency has the means to enforce it, she added.

“This is going to require a hospital to have a process in place to prevent unwanted examinations, and then CMS will be looking at their process,” Waltz said. “If something goes awry, then there is a way to enforce it.”

Waltz explained that the letter is an approach that the agency has yet to take, perhaps signaling a “big step” and indicating it is drawing a line on patient privacy and patient control.

(Subscription required)