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Federal Government Mandates Written Consent for Sensitive Medical Exams

The Department of Health and Human Services has issued new guidance requiring hospitals to obtain written informed consent from patients for pelvic, breast, prostate, and rectal exams, particularly when patients are under anesthesia.

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ATLANTA, GEORGIA - AUGUST 06: A view of the sign of Center for Disease Control headquarters is seen in Atlanta, Georgia, United States on August 06, 2022. (Photo by Nathan Posner/Anadolu Agency via Getty Images)
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Overview

  • New federal guidance clarifies that hospitals must obtain written consent for sensitive exams, including when patients are under anesthesia, to participate in Medicare and Medicaid programs.
  • The guidance aims to protect patients' rights and ensure informed consent for exams conducted for educational and training purposes by medical students and healthcare professionals.
  • At least 20 states had previously passed laws requiring patient consent for such exams, highlighting the widespread concern over the practice.
  • Health officials emphasize the importance of clear guidelines for obtaining consent to maintain trust in the patient-provider relationship and respect patients' autonomy.
  • The guidance also addresses concerns raised by patient advocates and medical professionals about the practice of conducting sensitive exams without explicit consent.