Q: When a patient is not competent, the representative cannot be located, and/or there is no current phone number or address, what process meets CMS requirements?
Patient Financial Services Weekly Advisor, October 26, 2007
A: We recognize that any type of notice delivery requirement, particularly in the acute care setting, raises questions about authorized representatives.
However, the need to identify appropriate individuals to deal with in these situations is not new or limited to these notices. Thus, hospitals should have processes in place for identifying an individual who can act on behalf of an incompetent patient.
In some cases, state law addresses cases where hospitals, nursing home administrators, or the like can act as representatives or guardians for purposes of making these decisions.
Source: Centers for Medicare and Medicaid Services
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